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0066 FALMOUTH ROAD/RTE 28 (3)
CO �o � -�`� --j \ .�' � p D�f i I G i 3110� 7 a Co � � :� 1 �4 li 1 �E 'f f Town of Barnstable Building , c '=. ' �. ";' •- a; st:Th�s;GadSo Thai Visible�Fromthe Street Antyy.roved,Plans Must beRetained on,lob ands=this Card Must be Kept I; •.8AN3d�,3'CABLE. PO " asq .- Grp . #� ? �'.�.° W" Posted UntilFinal InspectioriHaseeen Made -� r � , eR Where a Certificate of Occupancy;�s Required,such Building shall Not be Occup�edunt�l a Final Inspection has been made Permit Permit No. B-19-1618 Applicant Name: Emily Hutchinson Approvals Date Issued: 06/05/2019 Current Use: Structure Permit Type: Building-Addition/Alteration-Commercial Expiration Date: 12/05/2019 Foundation: Location: 66 FALMOUTH ROAD/RTE 28, HYANNIS Map/Lot 311-048 Zoning District: HB Sheathing: Owner on.Record: FIRST CITIZENS FED CRED UN Contractor Name:: RICHARD M BRYANT Framing: 1 Address: 200 MILL ROAD,STE 100 s Coritractor License CS 082435 2 } FAIRHAVEN, MA 02719 + Est Project Cost: $ 15,000.00 Chimney: i ; Description: Installation of an ATM into an existing teller window/overhang. Permit Fee: $236.50 Insulation: Project Review Req: Fee Paid: $236.50 I Fr` - Datey jV s 6/5/2019 Final: ,. mot Plumbing/Gas ` Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authoraed by this permit is commenced within six months after1:1'issuance. All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and structures'shalI lie in compliance with the local zoning�by law Viand codes. This permit shall be displayed in a location clearly visible from access streetior:bad and shall be maintained open for 066iic inspection for the entire duration of the Final Gas: work until the completion of the same. �� h , Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire officials are provided on thisspermit. Minimum of Five Call Inspections Required for All Construction Work:N �. Service: 1.Foundation or Footing Rough: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT =t PROPOSED ITM LOCATION i j - DRIVE THRU 00 00 0 0 0 0 ; `/=STIBULE - FALMOUTH ROAD O 0 ® 0 - As P`:M I YO _ VESTIBUL ; O O QO 11 OF- cOJ 0 O { i x 'x l 11 I ....:,.:, -....,. Legend x 1► • Parcels Town Boundary Tracks k Railroad 4 , 3[1b9 . Buildings ® Q0I ` d •\ t � € ''°,°,PProx Building #583 . ., eE a Buildings Painted Lines ,�.-.. i A �� t� d�f. � € Parking Lots A sr ® £ o III , a * Paved A f Unpaved c sE g �2 y pia 1,6 Driveways »• . +. x'` n E i � �' E f�,.1E .fi ,tt g ^•a., Paved g,f: Unpaved Roads c t< EM Paved Road t td Unpaved Road Bridge Paved Median Streams EE f Marsh Water Bodies ,j j Afppat Sza, Cqa' .(,:d{� yP " '' t �� 4 s , n.. ) i k � t4Q5 E qq ((gg L Q,�l F3 - ..+ 5 .R, //E �j ryL+T EYE E 3j - �i.. R #�t02 ;,.. ` a 125 �,I; ai E .a sz ,�Y Sbt 3' ; 'E, ws [: ✓t 3 ,Ls 6 d� 3 7 � Map printed on: 6/5/2019 This map is for illustration purposes only.It is not Parcel lines shown on this map are only graphic Town of Barnstable GIS Unit adequate for legal boundary determination or representations of Assessor's tax parcels.They are 6 Main Street,Hyannis,MA oz6oi Feet regulatory interpretation.This map does not represent not true property boundaries and do not represent 3 0 83 167 0 an on-the-ground survey.It may be generalized,may not accurate relationships to physical objects on the map 5o8-862-4624 reflect current conditions,and may contain such as building locations. Approx.Scale: 1 inch= 83 feet cartographic errors or omissions. gis@town.barnstable.ma.us PFi'ONE CALL f fFOR (4Lae /n DATE TIME P.M. m--zaAj OIIfED oft ' � (AII�C1�L �f� tCll PHONE Q 0 775 3 YOUR CA AREA CODE NUMBER EXTENSION PLEA5E GALL'' MESSAGE � r I� ( 4fVILL CALL Ala, F-41-mv U I /PAN/13 AGAIi� ' CRME TO too ULELEE yy Li /� p , I ,r SEE YOU /� mo _ 1'C�T LF(�G f zo) 10 � SEE YOUO SIGNED I11V@!Sale 48003 00 NOTES i i I i ►� a . . in. or . NA•� ' / . I 1 ' i ,► JIM- RMAIM A. I .` I � b �a�� �-O . � .0�� ��� 4 �� v k I �e BP:i 9 88-0141 94-0 t-20 1 : r ## 80 L�00 C),,- Grp uF�-;V" i 3 a9�,a • i Town of Barnstable' Planning Department Decision and Notice Modification of special Permit 1987-62 t ` or '� c Special Permit - change in a Non-conformity, � rnrr' ' ram., Appeal No. 1994-41 R r 4 T: Summary Granted with conditions = a Applicant: ! First Citizens Federal Credit Union ' Address: ''_ 269 Union Street, New Bedford, MA 02740 Property Address: 58 Falmouth Road. (Route 28) , Hyannis MA 02601 �,°l (CO I � litlP f J3�5(� zoning: HB - Highway BusineJs District Applicants Request: 1. Modification of an existing Special Permit No. 1987-62 under Section 3-3.6 (3) (A) , Conditional Uses; or. 2. Special Permit - Change in a Non- conformity, Section 4-4.2; Activity Request: The applicant is seeking to improve and reuse an existing bank / office building. `DO Procedural Provisions: zoning ordinance, section 5-3.3 - special Permit Provisions; section 5-3.2 Special Permits; and MGL chapter 40-A, Section 9, iSpecial Permits, and Section 14, , Modifications t Background: The applicant is proposing to, remodel and improve the former Barnstable community Federal Credit Union bank and office building located on Route 28 one block west of the Airport Rotary, Hyannis. According to the applicants submitted plans the total building floor area (GFA) is 4,805 sq. ft., consisting of a one story 2,081 sq. ft. area for the bank use, and a two story 2,724 sq. ft. for office use. The parcel area is 26,296 sq. ft., or 0.60 acres. j i i Map 311 Parcel 45-2 as referred to in the application and ZBA Notice of Public Hearing is an older assessor map designation for the west "Parcel I" as shown on the applicant's' "Site Improvement Plan", while Parcel II was identified as lot 48. , The new maps now combine both older designations into Lot 48 for Assessor purposes only. i �I i I 1 , Staff Report - Appeal No. 1994-41 Special Permit - Modification of Special Permit Special Permit No. 1987-62 was granted on October 12, 1987 for an expansion to a non-conforming building. That Special Permit was caused by an enforcement action by the Building Commissioner on the previous owner when a structure was constructed beyond that authorized by Special Permit 1986-23, March 20, 1986. Special Permit 1987-62 was granted with conditions. Site Plan Review SPR #07-94 conditionally approved the plans on March 05, 1994 for purposes of submitting to the ZBA. The plans reviewed are titled "Site Improvement Plan, Sheet S1-111, for First citizens Federal Credit Union, by SITEC Civil and Environmental Engineering, New Bedford, MA, dated 2/12/94 PROCEDURAL SUMMARY: The petition was filed in the office of the Town Clerk and at the Zoning Board of Appeals office on March 21, 1994. A public hearing, duly noticed under M.G.L. Chapter 40-A was opened on May 18, 1994 and continued to June 1, 1994 and June 15, 1994 at which time the Board heard evidence and rendered a decision. . Board members sitting on this appeal are Tom DeRiemer, Richard Barry, Dexter Bliss, Emmett Glynn and Acting Chairman Ron Jansson. May 18, 1994 Attorney Michael Ford representing First Citizens Federal Credit Union Mr. Ford would like to modify the Special Permit 1987-62 granted this property when it was held by the Barnstable County Credit Union. The building was constructed in excess of the approved plan, was ordered to cease and desist, appealed, was remanded and the permit was issued with restrictions. one restriction being the bank was not allowed to use the space built that had not been approved. Requesting modification of the restrictions of that permit in the following ways: 1. develop a new traffic pattern 2. expand landscaping 3. change the location of the drive up window from the right side of the building to the left side of the building. 4. and also to use the restricted portion for additional office space to be rented out, possibly to Investors Diversified Services (IDS) . Mr. Ford mentioned that one potential renter of the extra commercial space might be Investors Diversified Services (IDS) . 2 Staff Report - Appeal No. 1994-41 Special Permit - Modification of Special Permit Mr. Ford continued that specifically his client was seeking a modification to the special Permit 1987-62 restrictions number 2, 3 and 6. The modification requested are: a) condition #2 to permit a two way driveway closest to Route 28 on Nightingale Drive; b) Restrict driveway furthest from Route 28 on Nightingale Drive to be exit only; c) Eliminate restriction #6 on occupancy of not more than 65% of the floor area and allow the entire building to be occupied and used either for banking purposes or for professional offices. The first two are site plan improvement and changing the drive through window will allow for better trafficking. Site Plan Review responded with a schematic traffic design of their own with the engineering department which they thought was preferable and that has been incorporated into this site design. Route 28 curb cut in now very extensive. Mr. Fords client proposes to narrow the curb cut to keep the access primarily right turn in only. The proposal is to put the drive through on the other side of the building closest to Nightingale Lane. Landscaping changes will be made on the Route 28 side so that it is physically much more difficult to get in there on a left hand turn. People can then drive around the building to the drive through and exit only on Nightingale Lane on the furthest curb cut and there will also be an in and out on the first curb cut. The proposal includes increased landscaping by one thousand square feet. The lot coverage by building and impervious material is being reduced from 78 to 74 as a result of the improvements. Also adequate parking to meet both the needs under the ordinance of the bank which is proposing the 2,153 sq. ft. and the office area the 2,724 sq. ft. Mr. Ford alerted the Board that since they went through site plan and they began to lay out this site for the drive through, they came up with one further change that they were looking want to incorporate and in the back of the memo there is a _plan entitled, "Preliminary Plan" showing the relocated drive up window. A bump in the building that is not on the site plan is now being proposed. it is six feet by twelve feet or 72 square feet and is proposed to be a pushed out area to service the customers. The reasoning is that the customers had to take a corner and actually turn in to get to the drive through. This way they drive straight and eliminate the corner. Site plan review has approved this change unanimously subject to it being put on the final site plan and subject to this Board's approval (See variance appeal #1994- Grated) . 3 I I - I 4 Staff Report - Appeal No. 1994-41 Special Permit - Modification of Special Permit The Board felt the outer lane should be equipped with a couple of speed bumps. Mr. Ford said his client has no problem with that if the Board sees fit to condition its in that fashion. Question was raised as to whether the Board should consider this as a modification of an existing special permit or a new or permit. It appears that the petitioner is asking for multiple relief. The Board asked the significance of the 60% restriction on the land now. I Mr. Ford responded that', the applicant bought the entire building and would like to use it. They have brought it into conformance with the site plan review and theIparking ordinances. Mr. Jansson expressed that the primary purpose of the restriction was because of the Board's concern for this very congested area to evolve into a high impact office, use that would impact that area in a negative I way. Mr. Ford continued that in the memorandum they are proposing 2,153 sq. ft. of the use for the bank and 2,724 for the office. There is 4,877 sq. ft. to this particular structure. so traffic, parking and access is geared to that particular ',number. Mr. Jansson has a question with reference to the relocation of the drive up window, how it will 'leffect traffic that will be entering and egressing on Nightingale Lane. Mr. Ford responded that ifiyou come in off Nightingale Lane in order to use the drive through, one would have to go all the way around the building. They are hopeful that people will come in off Route 28 or by the second drive through off Nightingale Lane. Mr. Jansson asked for Public comment on behalf of the applicant: No none spoke. Mr. Jansson asked for Public comment in opposition: Gail Nightingale spoke as a relative of an abutter to make a comment that most of the landscaping is 'within the layout of Nightingale Lane, and is really not on the applicant's property. Mr. Ford responded that lie was unsure. He had proceeded under the assumption, that it was opened to public use and that it was a public way. We have been asked to modify the curb cuts with landscaping and part of that landscaping does lay within Nightingale Lane. We are willing to do that. i The Board raised legal ,issues regarding petitioner's rights if Nightingale Lane is privates. second, what right would the petitioner have to make improvements on, property not their own. Dexter Bliss: My problem is' the canopy. Is it a structure or not. Mr. Jansson: Rather than' forcing the petitioner - to file another petition if it is not necessary, then I would like to postpone this until June 1, 1994 at 7:00 P;M. 4 r— Staff Report - Appeal No. 1994-41 Special Permit - Modification of Special Permit The Board agreed. June 1, 1994 Mr. Ford stated that at the last meeting two issues were raised. One was a canopy structure for the drive up window and the bump. out of the drive up window itself which after consultation with Town Attorney Bob Smith had been deemed to need its own variance. Said variance had been applied for and is under number 1994-48 which is scheduled for hearing on June 15, 1994. The second issue was case number 1994-41, the modification of Special Permit number 1986-23. Regarding this modification the issue at hand was Nightingale Lane and the status thereof. Mr. Ford reports that there is no formal layout of the road at the registry of deeds. After discussion the Board determined to continue this hearing until June 15, 1994 at which time both 1994-41 and 1994-48 could be heard together. June 15, 1994 Mr. Jansson asked Mr. Ford if he would like to continue the hearing 1994-41 with only four members and Mr. Ford agreed to do so. The members. sitting on this hearing are Ron Jansson, Dexter Bliss, Tom DeRiemer and Emmett Glynn. (Richard Barry being absent) . Mr. Ford reviewed the history of the project saying that the Special Permit was continued for two reasons: 1. The Board wanted information regarding the history of Nightingale Lane whether a public or private way which led to the issue of improvements for landscaping that would continue to be extended within portions of the layout of Nightingale Lane. 2. To determine whether or not variance relief .was necessary and the immediately preceding hearing addressed that issue. It is Mr. Ford's opinion that his clients do have rights to Nightingale Lane. Mr. Ford can find no public easement or public layout within the meaning of the statute but no grant to the inhabitants of the Town of Barnstable for a public easement and therefore Mr. Ford's opinion is that Nightingale Lane is a private way. Mr. Ford is also of the opinion that his clients have a right to use the layout of Nightingale Lane and the areas in which they seek to continue or maintain the landscape improvements .and to re-pave the way. The principal thrust of the modification is to substitute the new site plan _which contains the improved and upgraded traffic flow within the site. The only addition is the push out to 72 square feet for the drive through teller window. Actual lot coverage is reduced from 78 to 74 percent. The building is 3,547 sq. feet and covers only 15 percent of the lot. 5 ` Staff Report - Appeal No. 1994-41 Special Permit - Modification of Special Permit M. Ford said the Planning Department does not want to see a lifting of the medical or retail restricted use and Mr. ford agrees to that restriction. chairman Boy asked for Public comment: There was none. FINDINGS: At the hearing of June 15, 1994 the Board unanimously made the following findings: The request to change the driveway closest to Route 28, the one way drive to a two way drive would not be substantially detrimental particularly with the new repositioned drive in window and it would allow a smoother flow of traffic. There would not be a substantial detriment to changing the second driveway on Nightingale Lane to an exit only from the site. The full utilization of the structure, allowing 100% to be occupied by a maximum. of three tenants for a use consistent with that zone would not be substantial. The parking and the drive up have been changed and there has been road improvements in the area. Based on the affirmative findings of the Board motion was duly made and seconded that this Board grant the three modifications being sought in Appeal 1994-41 .for a modification of special permit number 1987-62 with the following conditions: 1. The driveway nearest to Route 28 be allowed to be a two way driveway. 2. The driveway furthest from Route 28 be allowed to be an exit only. 3. The applicant be allowed to use 100% of the office area in the addition for uses consistent with the highway business zone. 4. All of the other conditions in the original special permit will be enforced. 5. Medical offices and retail uses shall not be allowed. The vote was as follows: AYE: T. DeRiemer, E. Glynn, D. Bliss, R. Jansson NAY: None 6 Staff Report - Appeal No' 1994-41 Special Permit - Modification of Special Permit ORDER: Appeal No. 1994-41 for 'a Modification to Special Permit 1987-62 is granted with conditions. Appeals of this decision if pp �, any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Ron Jansson, Acting Chairman Date Signed I I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filedlin the office of the Town Clerk. i i ,I Signed and sealed this day of 19 under the pains and penalties of perjury. Linda Leppanen, Town Clerk cc: Applicant/Attorney Building Commissioner Hyannis Fire Department Board of Health ZBA File I i i i i ,I I ,I i 7 f TOWN OF BARNSTABLE ZONING,BOARD OF APPEALS MEETING OF MAY 18,1994 NOTICE OF PUBLIC HEARING. UNDER THE ZONING , ORDINANCE To all persons deemed interested or af- fected by the Board of Appeals,under Sec. I 1 of C bap.40A of General Laws of the Commonwealth of Massachusetts and all amendmerits thereto,you are hereby notified that: Public hearings will held on these appeals at 7: M. APPEAL N 1994-41 SP: First Citi- zens Federal dit Unio First Citizens Fe relit Union has appealed to the Barnstable Zoning Board of Appeals for a modification of Special Permit Number 1987-62 or a new Special Permit under Section 3-3.6(3)(A),Con- ditional uses; Section 5-3.2 Principal Permitted use Special Permits;Section 5- 3.3,Special Permit Provisions;Section 4-4.2 Change from one non-conforming use to anotherand MGL Ch.40A Section 9, Special Permits and 14, Powers of Board of Appeals. Applicant wishes the Board to permit use for a bank with site improvements and relocated drive-thru window and offices. The property is located at assessor's map 311,lots 48 and 45-2 commonly addressed as 66 Falmouth Road, Hyannis, MA 02601 in a HB, Highway Business Zoning District. APPEAL NO. 1994-45 V: Hyannis Chamber of Commerce The Hyannis Chamber of Commerce has petitioned the Zoning Board of Appeals for a Variance, Section 4-3.7(2);Sign Codes of the Zoning Ordinance to erect a new sign 8 feet by 12 feet. The property is located at assessors map 253,parcel POl4-HOO commonly addressed as 1471 Route 132,Hyannis,MA 02601 in a RC I residential C I Zoning District. APPEAL NO.1994-43 SP: Tyler Jonathan and Sanford Tyler have ap- pealed to the Zoning Board of Appeals for a Family Apartment Special Permit; Section 3-1.1 (31))of the Zoning Ordi- nance to permit a family apartment. The property is located at assessors map 246, parcel 20 commonly addressed'as 67 Cranberry Lane,Centerville,MA 02632 in a RB Residential Zoning District. APPEAL NO.1994-44.V: Conway Johii C.Conway,Jr.has petitioned the ` Zoning Board of Appeals for a variance to section 3-1.I (5)minimum lot width and minimum setback requirement of the Zoning Ordinance to permit the construc- tion of a single family dwelling. The property is located at assessor's map 351, parcel.002-.002,commonly addressed as 4170 Lot#2 Route 6A,Cummaquid, MA 02637 in a RF2 Residential Zoning District. These hearings will be held in the Hear- ing Room Second Floor,New Town Hall, 367 Main Street, Hyannis, Massachu- setts on Wednesday, May 18, 1994 at 7:00 P.M. RICHARD L.BOY,CHAIRMAN ZONING BOARD OF APPEALS The Barnstable Patriot May 5&May 12, 1994 PAR: P31.1 048. PAR: R311 003. PAR: R311 004. KEY: 230404 TAX CODE:400 KEY: 229988 TAX CODE:400 KEY: 229997 TAX CODE:400 FIRST .CITIZENS FED CRED UN SPEEDY MUFFLER KING. INC MASTRANGELO. EDWARD F 271 UNION STREET ', PROP TAX DEPT F R MASTRANGELO NEW BEDFORD MA 02740-0000 P 0 BOX 1392 C/O ANGEL MOTEL ROUTE 132 BUFFALO NY 14240-0000 HYANNIS MA 02601-0000 PAR: R311 005. IPAR: R311 006. PAR: R311 007. KEY: 230002 TAX CODE:400 KEY: 230011 TAX CODE:400 KEY: 230020 TAX CODE:400 SULLIVAN. RICHARD A CORP BROS INC WILBUR. WINTHROP JR 342 LONG POND DR 1 BROOK ST 125 PRINCE AVE S YARMOUTH MA 02664-0000 PROVIDENCE RI 02900-0000 MARSTONS MILLS MA 02648-0000 PAR: R311 . 008. PAR: R311 043. PAR: R311 044. KEY: 230039 TAX CODE:400 KEY: 230351 TAX CODE:400 KEY: 230360 TAX CODE:400 BILEZIKIAN. DOREEN TRS GINSBERG• ARNOLD KANTER. ROBERT E RTE. 132 REAL EST TR ELAINE COHEN WAYNE PADDOCK C/O P BARRETT 261 WHITE'S PATH 727 MASS AVE BOX 727 110 SAWMILL RD S YARMOUTH, - MA 02664-0000 CAMBRIDGE MA 02139-0000 MARSTONS MILLS MA 02648-0000 'PAR: R311 : 045.001 PA,R: R311 047. PAR: R311 049. FKEY: . 30379 TAX CODE:400 KE'I: 230397 TAX CODE:400 KEY: . 230413 TAX CODE:400 f .KANTERp ROBERT E NIGHTINGALE. ROY 'NORMAN HUBBARDP JEANNINE L AY.NE PADDOCK C/O P BARRETT 28I,ELISHA POND DRIVE 250 BAXTER NECK RD 110 SAWMILL RD YARMOUTHPORT MA 02675-0000 MARSTONS MLS MA 02648-0000 MARSTONS MILLS MA 02648-0000 PAR: _R311 050. _ PAR',: R311 051. - - PAR: R311 052. KEY: 230422 TAX CODE:400 KEY,: 230431 TAX CODE:4O0 KEY: 230440 TAX CODE:400 HUBBARD. JEANNINE L GINSBERG. ARNOLD ADOMONIS• ALDONA 250 BAXTER NECK RD ELAINE COHEN E BAY RD MARSTONS MILLS MA 02648-0000 727IMASS AVE BOX 727 OSTERVILLE MA 02655-0000 CAMBi RIDGEMA 02139-0000 A PAR: R311 053. PAR:I, R311 068. PAR: R311 069. KEY: 230459 TAX CODE:400 KEY: ' 230609 TAX CODE:400 KEY: 230618 TAX CODE:400 I WILBUR. WINTHROP V JR 8 NEVES, JOHN VETORINO BROS INC WILBUR. NANCY K JULIE C NEVES 80 KIDDS HILL RD 125 PRINCE HINCKLEY AVE 149 HINCKLEY RD BARNSTABLE MA 02630-1500 MARSTONS MILLS MA 02648-0000 HYANNIS MA 02601-0000 I PAR: R311 070. PAR: 4311 071. PAR: R311 072. KEY: 230627 TAX CODE:400 KEY: 230636 TAX CODE:400 KEY: 230645 TAX CODE:400 COHEN. BERNICE TRUSTEE BORNSTEIN. STUART TRUSTEE LORANGE. ROBERT F HYANNIS 8 HINKLEY RD R E TR STU-BORN REALTY TRUST ALLEN W FULLER 10803 PALM LAKE AVE 297 NO',RTH ST 135 W MAIN ST BOYNTON BEACH FL 33437-0000 HYANNI'S MA 02601-0000 HYANNIS MA 02601-0000 PAR• R311 073. PAR: R311 087. PAR: R311 089. KEY: 230654 TAX CODE:400 KEY: 230789 TAX CODE:400 KEY: 230798 TAX CODE:400 WOOD. GILBERT C MERRICK. JOHN T NIGHTINGALE. ROY NORMAN 730 BEARSES WAY 61 FALMOUTH RD NIGHTINGALE. NEIL ALLEN HYANNIS MA 02601-0000 HYANNISI MA 02601-0000 28 ELISHA POND DRIVE YARMOUTHPORT MA 02675-0000 PAR: R311 094. PAR: R311 095. PAR: R311 096. KEY: 230832 TAX CODE:400 KEY: 230841 TAX CODE:400 KEY: 230850 TAX CODE:400 I SULLIVAN. RICHARD SULLIVAN',. RICHARD A CORP BROTHERS INC 342 LONG POND 342 LONG�, VIEW POND DR NIGHTINGALE LANE SOUTH ,YARMOUTH MA 02664-0000 S YARMOUTH MA 02664-0000 HYANNIS MA 02601-0000 PAR: R311 097. PAR: R311 098. PAR: R311 099. KEY: ' 230869 TAX CODE:400 KEY: 230878 TAX CODE:400 KEY: 230887 TAX. CODE:400 GLIWACKI. WALTER J ET .ALS SHORTo CRAIG R & PATRICIA:M GINSBERG. ARNOLD P 0 BOX 28 14 TORY LN ELAINE COHEN NANTUCKET MA 02554-0000 DENNIS MA 02638-0000 727 MASS AVE BOX 727 CAMBRIDGE MA 02139-000C 1 f BP:i 92 „8-i i 130 94-07-2 i 1 2: ,7 *4 „ 0 7 � 3 a spa Town of Barnstable Zoning Board of Appeals Decision and Notice Variance - Bulk Regulations, Minimum Front Yard Setback Appeal No. 1994-48 Summary Granted with conditions Applicant & owner First Citizens Federal CItlit 3 i-Qa gal,: G7T� ; � _r� Address: 269-271 Union street 6: New Bedford, MA 02740 ' ��.. Property Location: 66 Falmouth Road Assessors Map/Parcel: 311-048; Area = .60 Acres o Zoning: HB - Highway Business District Po Icy Applicant's Request: Variance to Sction 3-3.6 (5) Bulka � _ Regulations, Minimum Front Yard Setback from 60 feet to 10 feet. Activity Request: To permit construction of a drive-in 1131 window and canopy attached to the existing bank structure within the front yard setback from Nightingale Lane. Procedural Provisions: Section 5-3.2 (3) : Variances Background: \ The applicant is seeking a variance to the minimum setback requirement for an overhead canopy and a 6x12 foot addition of a teller window. Both of which will infringe on the required 60, setback on to Nightingale Lane. This petition is being considered concurrently with Appeal 1994-41 I for the modification of previous Special Permit No. 1986-62. Procedural Summary: The petition was filed in the office of the Town Clerk and at the zoning Board of Appeals office on May 19, 1994. A public hearing, duly noticed under M.G.L. Chapter 40-A was opened on June 15, 1994 at which time the Board heard evidence and rendered a decision. Board members sitting on this hearing are Tom DeRiemer, Dexter Bliss, Ron Jansson and Chairman, Richard Boy. June 15, 1994: Chairman Boy recognized Attorney Ford and requested that the Board hear both 1994-41 and 1994-48 together as they are regarding the same property. Mr. Ford agreed. He then reviewed the history of these appeals and how the variance request came before the Board. He explained by flipping the drive up window to the other side of the building it would be less detrimental as the traffic might have backed up into Route 28 if not changed. 1 1 Decision - First Citizens Federal Credit Union 1994-48 Ol variance - Bulk / Minimum Front Yard Setback The Board questions the location of the drive up teller in relationship to Nightingale Lane and its deteriorated condition. Nightingale Lane is a private street and the applicant has right within the roadway. Mr. Ford, speaking for his client, agreed to re-pave. Request for Public comment was made by Chairman Boy. There was no comment from the public either in favor or opposed. FINDINGS OF FACT: With reference to appeal number 1994-48, at the hearing of June 15, 1994, the Board unanimously found the following: The property is located in the Highway Business District and consists of 0.6 acres on which there is an existing structure. The property abuts to the Southwest, Route 28 and to the North, Nightingale Lane. The building has been in existence for approximately eight (8) years. Because of the configuration of the lot, the location of the building and the petitioner's proposal for improvement which will generate less traffic accruing on Route 28 the setback will be encroached on the layout of Nightingale Lane. It is a topographical condition which is unique to that particular lot. If denied the petitioner would experience significant hardship in that they would not be able to make the renovations necessary to allow this facility to again become operational. Granting the relief sought would not be in derogation to the spirit and intent of the zoning ordinance but would in fact be an improvement to the overall area. CONCLUSION: Accordingly, based upon the findings, a motion was duly made and seconded that Appeal No. 1994-48 for variance to Section 3-3.6 (5) , Bulk Regulations, Minimum Setback Requirement be granted with the following conditions. 1. Location of the new bank teller drive will be on the west side of the building as per plan entitled Site Improvement Plan - Sheet S1-1; Project: First Citizens Federal Credit Union by SITEC, Civil and Environmental Engineering dated 2/12/94 and as amended by a floor plan entitled Preliminary Plan; Citizen's Federal Credit Union, 66 Falmouth Road, Hyannis, MA by LaBonte & Humphrey Architects, Marion, MA, dated May 5, 1994. 2. The present drive through window shall be discontinued and not be used for any further purposes and the drive through window be blocked off pursuant to plan. 2 Decision - First Citizens Federal Credit union 1994-48 variance - Bulk / XiniIDum Front Yard Setback 3. That the extent of frontage of the lot on Nightingale Lane all the way to Route 28, be re-paved by the petitioner, with no cost to the Town of Barnstable but pursuant to instruction given by the Department of Public works of the Town of Barnstable, which includes re-paving that portion of the way servicing this property. The vote was: AYE: Tom DeRiemer, Dexter Bliss, Ron Jansson, Richard Boy, Chairman NAY: None ORDER: :e Appeal No. 1994-48 for a variance is granted with conditions. This variance must be recorded at the Registry of Deeds and the petitioner has one year in which to exercise the variance. Appeals of this decision, if any, shall be made to the Barnstable Superior co urt ourt pursuant to MGL chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. C)6 2Y-19 Ron Jansson, Acting Chairman Date Signed I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 19 under the pains and penalties of perjury. Linda Leppanen, Town Clerk cc: Applicant/Attorney Building Commissioner Hyannis Fire Department Board of Health ZBA File 3 �i i i I i APPEAL NO. 1994-51 V: Monomy TOWN OF BARNSTABLE Broadcasting Corp. ZONING BOARD OF APPEALS MELTING OF JUNE 1 Monomoy Broad�ng Corporation, MELTING 1 994 WilliamP.BaileyadMillicent&Bailey NOTICE OF PUBLIC HEARING and DoneldJ.Cappelletti have petitioned UNDER THE ZONING the Zoning Board bf Appeals for,a use ORDINANCE VariancetaSection34.4(1)and Section.2-11.Principle Uses in the RF To all persons deemed interested or af- Pe:mrttcd Zonis DistrictandaHei fecxed by the Board of Appeals,under 8 ghf.Yarianoeto Sec. IIof .40AofGeaeralLawsof Section 3 4.44' . sea.ulk b egrilations ;o theCommonwealthofMatswlmsettsand permit the 4.4d'saes ao:be utiliied)or a foot broadcaW all amendments thereto,you ate hereby 46.4.55 ngidwairk!a2D.by notified that: ate utility � APPEALNO. 199448v:FiMCitizens located at lo Assesmat's Na�r3i3.Psi ce124 Federal Credit Union and part of Map ser ceRParo'016 and is First Citizens Federal Credit Union.has acaessedhomdreSenioeRoadoffltonae petitioned�Zoning of Board A.West Barnstable,M.A.id aif RIT R p one esi- Appeals denial FZoning Disarct: for a Variance to Section 3-3.6(5)Bulk APUBLICHEARDOGWILLBE `HELD Regulation, minimum setback require- ON THIS APPEALAr7:45 P.M. tit.Thepmpertyislocatedatassessor's 'APPEAL NO.1994-52 v: Cotuit Gro- map 311.parcel 48 and commonly ad- oery Co.tnc. dressed as 66 Falmouth Road,Hyannis, Steve Gould of the Cotuit Grocery Co., MA M� HB,Highway Business Inc-has petitionedth-lamto Board of APUBLICHEARINGWILLBEHELD Appeals for a use vanamt.to to Section 4 ON THIS APPEAL AT 7.00 P.M. SS(5)Sign sign. T e Pr to allow a 16,sq.ed APPEAL NO. 199449 V: Westwinds R hanging siga Tlepiopertyislacated j ...,.... : ...:., ,:...,...: assessor's map.36,pat+cel;'46 c at orn Realty Trust�yeattivindsRealtyTmstAlanRottenberg �y addressed as 737 Main Street, Cotuit.MA 02635 inaRFResidential F and Martin Glazer.Trustees,have ped- Zoning District. tioned the Zoning Board of Appeals for a APUBLICHEARMYM.LBEHELD variance to Section 4-3.5.Signs in Resi- ON THIS APPEAL AT 8:00 P.M.' ' denial Districts.to locate two"instruc- APPEAL NO. 1994-53 V: Roadhouse tional/dieectional"signs on an existing Cafe I residental pier. The property is located Dave Columbo of the Roadhouse Cafe on assessoes map 115, parcel 8 com- has petitioned the Zo®g Board of Ap. monly addressed as 141 Eel River Road, peals for a nse variaeoe to Section 4-5:5 Osterville.MA 02655 in a RRl Residen- (5)Sign Ondinaoce,Wconstrndasecond dal F Zoning District. free standing sip foresisting business to A PUBLIC HEARING WILL BE HELD designate erttraace te a new parking lot. ON THIS APPEAL AT 7:15 P.M. The property is loc atedas assessofs map APPEAL NO.1994-50 SP: Fedele 308,parcel 135 commmnly addressed as Steven Fe&Je of Steve and Sue's Partee 655 Main Street,Hyannis,MA 02601 in Fieeze has appealed to the Zoning Board a B Business Zoning District. ' of Appeals for a modification of Special APUBLICHEARINGWIIyBEHFLD Pler.nit 1975-20 according to Section 3- ON THIS APPEAL AT 8.15 P.M. 3.1(3)(B)to allow 12 battery-operated These hearings willbeheldin New Town bumper boats in the existing reflecting Hall.Second Flooi Hearing Room;lo-, pool.The property is located atassessoes c atW at 367 Main Street,Hyannis.Mas map 269,parcel 224 and 225_commonly sachusetts on Wednesday evening,June; addressed as 455 West Main Sheet,Hy- 15,1994. aanm MA 02601 in aHB Highway Busi- RICHARD L BOY,CHAIRMAN ness Zoning District. ZONING BOARD OF APPEALS A PUBLIC HEARING WILL BE HELD ON THIS APPEAL AT 7:30 P.M. The Barnstable Patriot June 2&June 9,19% Ph►t: R311 048. PAR:, R311 003. PAR: R311 004. KEY: 230404 TAX CODE:400 KEY:'i 229988 TAX CODE:400 KEY: 229997 TAX CODE:400 d FIRST CITIZENS FED CRED UN SPEEDY MUFFLER KING. INC MASTRANGELO. EDWARD F 271 UNION STREET PROPITAX DEPT F R MASTRANGELO NEk BEDFORD MA 02740-0000 P 0 BOX 1392 C/O ANGEL HOTEL ROUTE 132 BUFFALO NY_14240-0000 HYANNIS MA 02601-00, PAR: R311 005. PAR: 'R311 006. PAR: R311 007. KEY: 230002 TAX CODE:400 KEY: i 230011 TAX CODE:400 KEY: 230020 TAX CODE:400 SULLIVAN. RICHARD A CORP BROS INC WILBUR• WINTHROP JR 342 LONG POND DR 1 BROOK ST 125 PRINCE AVE S YARMOUTH MA 02664-0000 PROVIDENCE RI 02900-0000 MARSTONS MILLS MA 02648-00, PAR: R311 . 008. PAR: R311 043. PAR: R311 044. KEY: 230039 TAX CODE:400 KEY: 230351 TAX CODE:400 KEY: 230360 TAX CODE:400 BILEZIKIAN• DOREEN TRS GINSBE'RG. ARNOLD KANTER. ROBERT E RTE 132 REAL EST TR ELAINE' COHEN WAYNE PADDOCK C/O P BARRETT 261 WHITES PATH 727 MASS AVE BOX 727 110 SAWMILL RD S YARMOUTH MA 02664-0000 CAMBRIDGE MA 02139-0000 MARSTONS MILLS MA 02648—OOE PAR: R311 045.001 PAR: R311 047. PAR: R311 049. KEY: 230379 TAX CODE:400 KEY: ,230397 TAX CODE:400 KEY: 230413 TAX CODE:400 KANTERP ROBERT E NIGHTINGALE. ROY'NORMAN HUBBARD* JEANNINE L WAYNE PADDOCK C/O P BARRETT 28 ELISHA POND DRIVE 250 BAXTER NECK RD .110 SAWMILL RD YARMOUT;HPORT MA 02675-0000 MARSTONS MLS MA 02648—OOC MARSTONS MILLS MA 02648-0000 PAR: R311 050. PAR: R311 051. PAR: R311 052. KEY: 230422 TAX CODE:400 KEY: Z30431 TAX CODE:400 KEY: 230440 TAX CODE:400 HUBBARD. JEANNINE L GINSBERG. ARNOLD ADOMONIS. ALDONA 250 BAXTER NECK RD ELAINE COHEN E BAY RD MARSTONS MILLS MA 02648-0000 727 MASS AVE BOX 727 OSTERVILLE MA 02655—OOC CAMBRIDGE MA 02139-0000 PAR: R311 053. PAR: R31l1 068. PAR: R311 069. KEY: 230459 TAX CODE:400 KEY: 230609 TAX CODE:400 KEY: 230618 TAX CODE:400 i WILBUR, WINTHROP V JR & NEVES. JOHN VETORINO BROS INC WILBUR. NANCY K JULIE C NEVES 80 KIDDS HILL RD 125 PRINCE HINCKLEY AVE 149 HINCKLEY RD BARNSTABLE MA 02630-15C MARSTONS MILLS MA 02648-0000 HYANNIS MA 02601-0000 PAR: R311 070. PAR: R311 071. PAR: R311 072. KEY: . 230627 TAX CODE:400 KEY: 230636 TAX CODE:400 KEY: 230645 TAX CODE:400 COHEN• BERNICE TRUSTEE BORNSTEIN' STUART TRUSTEE LORANGEP ROBERT F HYANNIS & HINKLEY RD R E TR STU—BORN REALTY TRUST ALLEN W FULLER 10803 PALM LAKE AVE 297 NORTHiST 135 Y MAIN ST BOYNTON BEACH FL 33437-0000 HYANNIS MA 02601-0000 HYANNIS MA 02601-000 PAR: R311 073. PAR: R311 �087. PAR: R311 089. KEY: 230654 TAX CODE:400 KEY: 230789 TAX CODE:400 KEY: 230798 TAX CODE:400 WOOD, GILBERT C MERRICK, JiOHN T NIGHTINGALE. ROY NORMAN 730 BEARSES WAY 61 FALMOUTH RD NIGHTINGALE. NEIL ALLEN HYANNIS MA' 02601-0000 HYANNIS MA 02601—ODOU 28 ELISHA POND DRIVE YARMOUTHPORT MA 02675-000 PAR: R311 094. PAR: R311095. PAR: R311 096. KEY: 230832 TAX CODE:400 KEY: 230841 TAX CODE:400 KEY: 230850 TAX CODE:400 SULLIVAN, RICHARD SULLIVAN, RICHARD A CORP BROTHERS INC 342 LONG POND 342 LONG VIEW POND DR NIGHTINGALE LANE SOUTH YARMOUTH MA 02664-0000 S YARMOUTH � MA 02664-0000 HYANNIS MA 02601-000 td PAR: R311 097. PAR: R311 098. PAR: R311 099. KEY: 230869 TAX CODE:400 KEY: 230878 TAX CODE:400 KEY: 230887.TAX CODE:400 l✓ GkOWACKI. WALTER J ET .ALS SHORTi CRAIG R K PATRICIA:M GINSBERG. ARNOLD P 0 BOX 28 14 TORY LN ELAINE COHEN NANTUCKET MA 02554-0000 DENNIS MA 02638-0000 727 MASS AVE BOX 727 CAMBRIDGE MA 02139-00 Assessor's Office Ist floor Map 3 t Lot 'q S °�*�, Permit# Conservation Office 4th floor __ y ate �►' ���6 Date Issued S Board of Health Ord floor �ve Engineering Dept. Ord floor House# � � ® Planning Dept. Ost floor/School Admin.Bldg.): �� ., „MSTAF M i 0,�® . _ Definitive Plan Approved by Planning Board I9 ® ���� .e19 (Applications processed 8:30-9:30 a.m.& 1.00-2.00 p.m.) TOWN OF BARNSTABLE Building Permit Application Proiect Street Address 66 Falmouth Road Hyannis Village Fire District 0%vnerCitizens Federal Credit Union Address 271 TTni n„ -c;t Ni-w 'Rer1fr),rcj, _DdA Telephone Permit Rcauest: Remodel Basement I Zoning District Flood Plain Water Protection Lot Size Grandfathered Zoning Board of Apmls Authorization Recorded Current Use Off ice/Bank Proposed Use Same Construction Type Existing Information Dwelling Type: Single Family Two family Multi-family Other: Office 1/ Age of structure 1 5Yj:s, Basement type Historic House Finished Yes Old KinK s Highway Unfinished Number of Baths N/A No.of Bedrooms N/A Total Room Count(not including baths) First Floor Heat Type and Fuel Gas Hot Air Central Air Y e s Fireplaces N/A Garage: Detached Other Detached Structures: Pool Attached Bam 4 None Sheds Other Builder Information Name Corr Company Telephone number (508) 994-0513 Address 830 H i xv i l l e Rd. License# 018793 No. Dartmouth, MA 02747 Home Improvement Contractor# Worker's Compensation #C yb6 flS-37 i NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. _ ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Pro'ect Cost Fee SIGNATURE DATE 2 4 f B G PERMIT DENIED FOR THE FOLLOWING REASON(S) BPERM T �r► S�SS� FOR OFFICE USE ONLY a 5/2/95 377.0.2 4 _ 311.048 ADDRESS 66 Falmouth Road/Route\28 VILLAGE Hyannis First Citizens Federal Credit Union OWNER ; _ f DATE OF INSPECTION: FOUNDATION FRAME J INSULATION FIREPLACE ± , ELECTRICAL: •ROUGHS FINAL b,°PLUMBING:, ROUGH FINAL GAS: , + '',.;ROUGH FINAL + FINAL BUILDING: DATE CLOSED OUT: *` - ASSOCIATE PLAN NO. ' fill. COMMONWEALTH l DEPARTMENT OF PUBLIC SAFETY l�llar®toposssssacarror�t `� RtBssschssettsStato8sllding OF ONE ASHBORTON PLACE S Qodo/saanseforreroaatloea MASSACHUSETTS BOSTON,MA 02108 Of thisl/conss. LICFNSE EXPIRATION DATE C U N S T R. U P E R V T S O R i CAUTION 03/27/1996 ' RESTRICTIONS EFFECTIVE DATE LIC-NO. FOR PROTECTION AGAINST NONE �_lo/30/1993 018793 THEFT, PUT RIGHT THUMB PRINT IN APPROPRIATE �`Z.',y 44 'e J:A N E S F C n R R E I R A o.l BOX ON LICENSE. 3l) HIXVA.I.LE 'RD Z' z N DRTMOU'h M.A, 02747 BLASTING OPERATORS =1 MUST INCLUDE PHOTO. PHOTO(BLASTING OPR ONLY) FE U C. 00 -. NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY :,'y? ;'•`.� HEIGHT: STAMPED-OR-SIGNATURE OF THE COMMISSIONER x d THIS DOCUMENT MUST BE x _ _ —--— -- ——--- — — --- ——-- -- —-- —-- — — — — —-- •i _ _CARRIEDONTHE PERSON — - - E ICENSEE «.'SIGN NAME IN FULL ABOVE SIGNATURE LINE THE HOLDER WHEN EIY ... t 07406�RIGHT;THUMBPRINT GAGED IN THIS OCCUPATION.`' ,_ COMMISSIONER -1 - 11/02'94 17:02 ',EY6177277122 DEPT IND ACCID t i �= —Jr �,oi�l�nolZcueaLtlL ot ��G�a��tzc��uset �.UuPartine,z�v�J'•ndu�friaL,./dce 600 WU jfon Shro l James J.Campbell &Ion, //laaacA-4a 02f f f Commissioner Workers' Compensation 'Insurance Affidavit . . (aems-ip , bm") with a principal place of business at: ci30 HIXv11-4-11 IT-L) ti'U /, A1Y rMfvTl4- 1%1 A o'er 7 V 7 (GWISCULIZm) do hereby certify under the pains and penalties of perjury, that: () i am an employer provid'mg workers' compensation coverage for my employees working c this job. 79 3 7 Insurance Company Policy Number O I am a sole proprietor and have no one working for in any capadty.' () I am a sole proprietor, general contractor or homeowner (circle one) and have Eared the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Numbei Contractor Insurance Company/Policy Numbel Contractor Insurance Company/Policy Numbe: O i am a homeowner performing ail the work myself. Z co;y of Inn s-te:nent will be fonczrced tc d:e C`ice of InvetiFetions of[he 01A for cc%Trage verification and that failure tc ccve!age as reG::.ed under Scc::on 2=A of MGL 152 ca,1 lead to tte Imposition of criminal penalties eonsistine of a fine of up to s 1,500.00 arc/ years* impri<cnment well<s crvil Penalties,in the form...cf a STOP WORK ORDER and a fine of S 100.00 a day against me. Si ned this 2_ day of ^1A , 19 l S q t-icensee/Perinittee Building Department Licensing Board Selectmens Office Health Department TO V RIfi" COVEP;AG . INFORMATION CALL: 61 7-727-4900 X403, 404, 405, 409, �713 - - _ _ _. _ _ ISSUE DATE (MM/DDNY) CERTIFICATE OF INS�JRANCE . : 07 05 94 �:.. PA.ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SYLVIA & COMPANY INS AGCY INC I POLICIES BELOW. P O BOX 79429 COMPANIES AFFORDING COVERAGE 84 FAUNCE CORNER RD N DARTMOUTH MA 02747 I COMPANY A LETTER AETNA C & S :..................................................................................................................................................................... COMPANY B INSURED : I LETTER SAFETY INS COMPANY L_...................................._.................................................................................................................I......._. CORR COMPANY COMPANY C JAMES CORREIRA DBA JLETTER .. .................................................................................................................................................................. 830 HICKSVILLE ROAD COMPANY D N DARTMOUTH MA 02747 LETTER C I GNA ....................................................................................................................................................................... I COMPANY E LETTER COVERAQES ... .:.. . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE PAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDRTONS OF SUCH POLICIES. LIMITS SHOWN(MAY HAVE BEEN REDUCED BY PAID CLAIMS. ........................................................................................................................................................................................................................................................................................................... I CO IR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LOFTS LTR DATE(MM/DO/YY) DATE(MMMONY) i GENERAL LIAWLM MP 0 0 2 3 9 6 815 7 TW F 0 2/2 5/9 4 0 2/2 5/9 5 GENERAL AGGREGATE s 2 000 000 ................................................: X COMMERCIAL GENERAL LIABILITY i PRODUCTS-COMP/OP AGG. s2 I.Q 00 Q 0 Q CLAIMS MADE X OCCUR.: PERSONAL 3 ADV.INJURY i 1, 000 T 000 OWNER'S 3 CONTRACTOR'S PROT. i EACH OCCURRENCE i 1., 0 0 0, O O O ............................. FIRE DAMAGE(Any one fire) i 300 0 0 0 ........ ............................................._...... ......................L............... MED.EXPENSE(Any one person) $ 5, 000 ANY AUTO O 3/O 7/9 4 '0 3/0 7/9 5 COMBINED SINGLE AUTOMOBILE LIABILITY 757655 LIMB $ :........: - ......................................................................................... ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per Person) i ....... ..............2.5.i.0.0.0... X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per scowent) i . `..�..1-..�....................... .... GARAGE LIABILITY -< I PROPERTY DAMAGE i 100, 000 EXCESS LIABILITY j EACH OCCURRENCE i .;........................................................................................ UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION C 4 0 8 9 7 5 3 7 ' 0 5/14/9 4 0 5/14/9 5 X STATUTORY LIMITS AND EACH ACCIDE....NT .. s 1, 0 0 0 000 .... ..... EMPLOYERS'LIABILITY I DISEASE-POLICY LIMIT ..1, O O O,O O 0 DISEASE-EACH EMPLOYEE i t O O O 0 0 0 OTHER I I I DESCRIPTION OF OPERATIONS/LOCATIONSNEPNCLES/SPECIAL rMM8 i I ... CERTIFICATE HOLDER CANCELLATION: • ..; .. . - ..... . .:::: I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO TOWN OF BARNSTABLE MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE TOWN HALL (LEFT, BUT F RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGA71ON OR BARNSTABLE MA LIABILr O Y KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIIWD AlElkESENTATIVE Ja 4Tzthan h �J�K A- ACORD 25S (7/90) (�ACORD CORPORATION 1.990 I � me NEW CONCRETE PLATFORM AND STEP 544 N gg-gL I Nl� ® vw RELOCATED BITUMINOUS CURB 3W_on FIRST FLOOR PLAN., T, Tj ED AR CITIZEN'S FEDERAL R. CREDIT UNION No.331.6 _o' 66 FALMOUTH RD. , HYANNIS M' A AC U sn- laASS. SCALE: DATE 4/4/95 PROJ. # 9359 0 NTE & HUMPHREY ARCHITECTS ' 113 FRONT STREET' — P.O. BOX 398 MARION MA 02738 BASEMENT EXIT ALTERATIONS 1 OF 1 ALAN W. JONES CONSULTING ENGINEER 6 CARLETON DRIVE WEST, P.O.BOX 79 EAST SANDWICH,MASS.02537 TELEPHONE(508)888-3154 18 January 1995 James R. Correira 830 Hixville Road North Dartmouth, MA 02747 Re : Citizen's Federal Credit Union, Hyannis Dear Mr. Correira: I have observed the construction for the subject project and have determined that it conforms. to drawing S-1 dated 5/5/94 and an undated drawing titled Foundation Repairs prepared by Labonte and Humphrey, Architects , Marion, MA. Yours ruly, , '�` l: '- t yV Alan W. Jones P E AWJ:pmj ' Corr Company 830 Hixville Road, North Dartmouth, MA 02747 (508) 994-0513 January 24, 1995 Mr. 'Buddy" Martin Barnstable Building Inspector 367 Main Street Hyannis, MA 02601 Re: 66 Falmouth Road, the new First Citizens Federal Credit Union Dear Sir: Enclosed please find the letter from the Structural Engineer certifying the contruction of the basement of the above mentioned building. Kindly place this certification in your file as I will soon be requesting the final inspection. If you have any questions pertaining to this matter please do not hesitate to call. Thank you, K. imo mpany, Inc. James R. Correira President Construction Management and Contracting Commercial and Residential TEMPORARY 1Mf TOWN OF BARNSTABLE Permit No. .36890....... BUILDING DEPARTMENT 4 ""� TOWN OFFICE BUILDING Cash 4".� .,.�,. 634• "tau+r HYANNIS.MASS.02601 Bond ...19./A......... CERTIFICATE OF USE AND OCCUPANCY Issued to Citizens Federal Credit Union Address 66 Falmouth Road BANK AREA ONLY Hyannis, MA USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. November .16 94 19................. Building Inspector .................r........................ ` essor's office(1st Floor): essor's map and lot numb ` M 11" Lot; _ �� ' SEPTIC SYSTEM MUST S Conservation(4th Floor): � C�STA�'LE®'N ®I�PLIA Board of Health(3rd flo WITH TITLE w Sewage Permit number _ J� ENVIRONMENTAL CO® 7T,► L9 Engineering Department(3rd floor):- Tk>4 House number 66 Falmouth. Road �0Mix Definitive Plan Approved by Planning.Board Y 1 O 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2-00 P.M.only TOWN OF BARNSTABLE i BUILDING INSPECTOR APPLICATION FOR PERMIT TO Rernoda 1 TYPE OF CONSTRUCTION Wood Frame 4 7 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location 66 Falmouth Road, I- vannis Proposed Use Of f ice Zoning District Highway Business Fire District Name of Owner Citizens Federal Credit Union Address 271 Union Street; New Bedford, MA 02740 Name of Builder Corr Company Address 830 Hixville Road, North Dartmouth, MA 02714 Name of Architect Labonte & Humphrey Address 163 Front Street, Marion, MA 02738 Number of Rooms 15 Foundation Concrete Exterior Wood and Vinal Roofing Asr nalt Floors Wood Interior Wood and Drywall Heating Gas - Heat and Air Plumbing Fireplace NSA Approximate Cost S175 000.00 Area Diagram of Lot and Building with Dimensions Fee I a OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstab regarding the above construction. Name truction Si ipervisor's License 0J t� C s- CITIZENS FEDERAL CREDIT UNION No Permit For Remodel Location 66 Falmouth Rd. 'Hyannis Owner'Citizens Federal Credit Ut F_on Type of Construction Plot Lot . r Permit Granted Jt l ' 20, 19 94 Date of Inspection: Frame 19 — Insulation 19 Fireplace 19 Date Completed Q5 19 :.' ro f t � r 1` ::'.<::::::::::::`:::::::::::::::::::::::i:::::::::::>::::: :::. :::,:::;:':'`: ::;::;::;:E DAZE':;;;::::.: ::; .. FINSURAN :>: iiiiii i i ::>;;:<::::;;:::.:'...::::>.. G.............' ISBL (MMiDD/YY) 0 07 5 94 ,�:.::.:.. ..................................... — — oDUCEn . ......................................................................................::.:...........,..................................................................:................................. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANd CONFERS NO RIGHTS UPON THE !CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SYLVIA & COMPANY INS AGCY INC POLICIES BELOW. P O BOX 79429 COMPANIES AFFORDING COVERAGE 84 FAUNCE CORNER RD N DARTMOUTH MA 02747 COMA A AETNA C & S* :....................................................................................................................................................................... ................................................................................................................................... COMPANY B INSURED SAFETY INS COMPANY ........................................................................................................................................................................ . CORR COMPANY COS C JAMES CORREIRA DBA :....................................................................................................................................................................... 830 HICKSVILLE ROAD COMPANY D N DARTMOUTH MA 02747 LETTER CIGNA ........................................................................................................................................................................ COMPANY E LETTER THI:::.�S TO...ERTIFY;:;;: LI IE;:;;: :.....:..::.:::::::.:::::::::::.::::.:...:.:::::.:::.:::,:::::::....:........................................... S S C THAT THE POLICIES OF INSURANCE LISTED BELOW� HAVE BEEN ISSUED SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...........................................:....................................................................................................................... O TYPE OF INSURANCE POLICY NUMBER OP EFFECTIVE::POLICY EXPIRATION LIMITSATE(MMIDD/YY) DATE(Mr1bDD/YY) GENERAL.LI UMM MP 0 0 2 3 9 6 815 7 TWF D 2/2 5/9 4 ;0 2/2 5/9 5 GENERAL AGGREGATE $2/ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. -$2 ......... ........................................... CLAIMS MADE:X OCCUR.: PERSONAL&ADV.INJURY..... =1./. OWNER'S Mi CONTRACTOR'S PROT.; EACH OCCURRENCE $....................................................11 OOO. 1 O O O FIRE ..................................................... .................................... DAMAGE(Any one flro) $ 3 Q Q/Q Q Q M®.EXPENSE(Any one pemn) $ 5, 000 �AUTOMOBILELIABLJTY 7 5 7 6 5 5 0 3/0 7/9 4 0 3/0 7/9 5 COMewm SINGLE ANY AUTO :LIMB .................... ...................................... ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS ( Demon) :............2.5.1..0.0.0... HIRED AUTOS X BODILY INJURY X NON-OWNED AUTOS (Pw 50 000.... ...................................................................... GARAGE LIABILITY PROPERTY DAMAGE P $ 100,000 EXCESS LIABLRV EACH OCCURRENCE _ ................................................:........ UMBRELLA FC9-m At GREGATE $ .......... I. .... ..;;.,.;.;....;;.;.;.;.,..;.;.;.....;.;.;.. OTHER THAN UMBRELLA FORM A.;:.::.:ORY LIMIT:o:;:o W KER'8 COMPENSATION / C40897537 05 14 94 05 14 95 X OR ST MO S AM .................................................EACH ACCIDENT '$1.1�.0 0 0../.0 0.0.... DISEASE—POLICY LIMIT i 11 O O O/ O O 0.... EMPLOYERS'LIABILITY .. DISEASE-EACH EMPLOYEE 111, 000,000 OTHER DESCRIPTION OF OPEAA7WN6/LOCJ1 nun .... .. ... ....... .. .. .... .. ..... CERT1Fl-ATE:: LDER »:::;:.:::>:;:::;::::;< '.:<..: :::.':: . N. 71 N: .::::: .;':::i<::::;':...... ,::. ... ..........C..........NU...............................................................................................: A...CICLLA...0............................:..::.:.:.: : : : : : ::::::::::::::::::::::::.:.::::::::.::::::::.: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO TOWN OF BARNSTABLE MAIL 7-0 DAY WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I TOWN HALL LEFT, BUT F RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR BARNSTABLE MA LIABILITY O KIND UPON COMPANY, ITS AGE 'S OR REPRESENTATIVES. ':::AUf110R® RF�A7IVE Kuthan l� >::. ....:.... Ja � A ACORD;35-S :/AO -:... .. :: ::..'::: ...........; :: ;: ►ACORD:;CORPOAAT►ON i1990 _ (7 ==_—_—__----- j ————— �+ollwtstoFoaaaasncurrerc� COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY —� p/sssschssottaStoQa�ci6dfstt x OF ONE ASHBORTON PLACE s Botlola cause for torae�ttas 19-F MASSACHUSETTS BOSTON,MA 02108 of this license. LaCE�15E EXPIRATION DATE CUNSTR. LJPER1l1SCR CAUTION 03/` /1 9 6 O PROTECTION AGAINST RESTRICTIONS EFFECTIVE DATE LIC-NO. THEFT, PUT RIGHT THUMB NONE �D o i L O/1 993 018793 PRINT IN APPROPRIATE ° BOX ON LICENSE. :1,',f ; � '.� J ; ::ES k CORR IRA '') vS'! HIXVILLE Ru z N RTMOTH MA 0?747 BLASTING OPERATORS U Z Z MUST INCLUDE PHOTO. n m � PHOTO(BLASTING OPR ONLY) FEf:O C. 001 F NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY 3 - HEIGHT: STAMPED-OR-SIGNATURE OF THE COMMISSIONER 42 , THIS DOCUMENT MUST BE SIGN NAME IN FULL ABOVE SIGNATURE LINE CARRIEDONTHE PERSON icy E ICENSEE } THE HOLDER WHEN EFT COMMISSIONER OTHERS-RIGHT.THUMB PRINT GAGED IN THIS OCCUPATION.:. - - - i i 5 t t J. X i � t TOWN OF BARNSTABLE t 4 ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION AND NOTICE APPLICANT: MICHAEL D. O'NEIL APPLICATION: 1987-62 I At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals, held on October 12, 1989, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to al:l interested parties pursuant to Chapter 40A of the General . Laws. of Massachusetts, the applicant, Michael" D. O'Neil , through attorney Robert Cohen, appeared before the Board pursuant to an order of remand from the First District Court to afford Mr. O'Neil the opportunity to present additional evidence. The applicant's propertylis located at , 66 FaImouth_._R,oad__at the intersection of Route 28 and. Nightingale Lane in Hyannis. The property is shown on assessor's map 311 as T'parcel 48 and is located in the Highway Business zoning district. The applicant originally -appeared before the Board in March of 1986. At .that time he !was granted 'a Special Permit to construct a .26 x 40 square foot addition to a non-conforming building which was the location of the Barnstable Community Federal Credit Union. Subsequent to that decision, the applicant constructed a 26 x 80 square foot addition which was twice the size allowed under the terms of the Special Permit. As a result of this violation, in March 1987, the Building Commissioner ordered that construction on the building cease. In September, 1987, the applicant sought to modify the terms of the Special Permit to !allow for the illegal building. In October, .1987, the Board denied the application to modify the Special Permit . The applicant again appealed and the case was remanded to the Board to present new evidence including, but not limited to, a traffic study . i FINDINGS OF FACT: Based upon the information provided, the Zoning Board ofAppeals made the following findings of fact : I i I l A 26 x 80 square footlbuilding has been constructed in a Highway Business zoning district ; i 2 the applicant has been unable to complete and occupy the building since the order to cease construction was issued in March 1987; � i 3 the applicant's traffic study indicates that the additional traffic which would result from the project would not significantly impact the traff1c flow in the immediate area. j I The vote on the findings of fact was as follows : AYES: BOY, BURLINGAME, LALLY NAYES: BLISS, JANSSON i DECISION: Based upon the information presented .and the findings of fact, at a meeting held onlOctober 12, 1989, by a motion duly made and seconded, the Zoning Board of Appeals voted to grant a Special Permit subject to the following conditions , the breach of which shall ilnvalidate the Special Permit: 1 the site driveway off Falmouth Road will be designated with pavement arrows and signs as an entrance only; 2 the driveway off Nightingale Lane closest to Route 28 shall be designated as, an exit only;. i 3 the driveway off Nightingale Lane furthest from Route 28 will be designated as an ingress/egress driveway; I 4 pavement arrows on the! parking lot pavement will designate travel directions; 5 street signs will be ilnstalled for Nightingale Lane; 6 not more than 65 percent of the floor area of the building addition sha O be occupied by not more than three professional offices which shall be low intensity uses other than medicail or retail use. The vote was as follows : I AYES: BOY, BURLINGAME , JANSSON, LALLY NAYES: BLISS i j Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General -Laws of the Commonwealth of Massachusetts by bringing:.an action within twenty days after the decision has been filed in the office of the Town Clerk. v' Chairman I, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the . above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of 19 under the pains and penalties of perjury. Distribution: Property Owner T Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals t" -J I COHEN KUSHNER, P.C. :ATTORNEYS AT LAW WELLESLEY OFFICE PARK 55 WILLIAM STREET WELLESLEY,MASSACHUSETTS 02181 j (617)431.1400 ROBERT COHEN 1 MARVIN W.KUSHNER' - May 16, 1988 LLOYD A. SANDERS i MICHAEL GRANT WILSKER i Joseph Daluz Building Commissioner. 1 Town of Barnstable Town Offices _ Main Street 1 Hyannis, MA 02601 Re: Addition to Barnstable Community Federal Credit Union Building, 66 Falmouth Road, Hyannis, MA Dear Mr. Daluz: Please be advised that I have been asked by W.O.M.S. Realty Trust and the Barnstable Community% Federal Credit Union to review the circumstances leading up to your directive to cease construction activity on the proposed building, and the denial by the Zoning Board of Appeals of the plaintiffs' petition for special permit and the judicial appeal now pending therefrom. I As requested, I have conducted such a review and I would 1 ike to share with you and obtain your views as to the accuracy of the information I have, and where, if at all, you have differences with respect to either the facts or what is legally appropriate. I understand that on March 20;, 1986, the Zoning Board of Appeals held a he.aring. with respect to the petition to allow the construction of a 261x40 ' addition to the original and then existing Credit Union building. The petition states in it that its purpose is to allow an addition to an existing non-conforming building. I presume that at the time the original building was constructed, it complied withlall applicable zoning bylaw provisions, including both front and side yard setback requirements. I -assume further that the building was referred to as nonconforming because a subsequent change in the zoning bylaw increased the front yard setback requirement, and the building, as constructed, did not comply with the new ordinance. I note that no change was made with 'respect to the side yard setback • requirement. I also note that in the issuance of the original `permit, Nightingale Lane was apparently not considered to be a street from which the front yard setback was applicable. Instead, the lesser side yardisetback requirement was applied. I point this out only because your zoning bylaw requires that front yard setbacks shall apply from all streets where a lot abuts on j more than one street. • 1 i i TELECO PIER(617)431-71 78 - I i I am informed that the petition was allowed but that an addition measuring 261x80 ' was constructed instead of the 261x40' addition which was authorized. I am1further advised that despite the open and obvious nature of the construction, construction advanced to the point where the building was completely enclosed and substantial interior work completed before you ordered the construction to cease. ` Because of your order and the apparent violation of the zoning bylaws, a petition for special permit was filed on June 2, 1987 seeking to amend the earlierjpetition by allowing the construction of the larger building. A hearing on the petition was held on June 30, 1987 anld the decision indicates that it was denied because of inappropriately designed parking spaces, the proximity of the location to! the intersections of 132 and 28, and that the addition would result in extreme overuse of the property and the inability to determine the amount of traffic that would be generated to and from the'lsite. I have reviewed your currentizoning bylaws and I find the following: 1. The property is located in a highway business district (HBD) . 2 . In a HBD (Section 313. 6) the front yard setback is 60' and the side yard setback isla total of 301 . 1 3. One parking space is required for every 300 square feet of gross floor area plus onefor every separate suite where the building is to be used for office, professional or bank use (Section 4-2 .7) . i 4. The use of this site is subject to the site plan review provisions set forth in Section 4-7. 5. That the Building Cimmissioner or his designee has the responsibility of reviewing the site plan and notifying the applicant of approval, disapproval, etc. , together with a statement of reasons for disapproval. 6. Ordinance Section 7 ''defines front yard setback as being applicable from all streets where a lot abuts on more than one street. Applying the above zoning bylaws to the nearly completed building, I have the following observations: - I 1. The bylaws do not define the word "street" as it is used in defining setback. Nightingale Lane is, at best, an undefined way, not a public way or street, and one to which your office has , not previously applied the double setback requirement for corner lots. I I 2 I I I J 2. I believe that a site plan dated December 22, 1987 was submitted to your office clearly indicating the appropriate number, location and layout of the parking spots and that the building, as constructed, conforms in all respect to the current zoning bylaw. However, in the event that such a site plan has not been delivered to you, I enclose one herewith for your action. In fact, since the recodified bylaws indicate the front yard setback to be 60' and not the 100 ' believed to be applicable, the building is in fact a fully conforming structure and not nonconforming. Because the building fully conforms, it is the responsibility of the Building Commissioner to act on the site plan as submitted and to the best of my knowledge you have not so acted. If you are denying site plan approval, you have failed to furnish the appropriate statement of reasons. I would very much appreciate it if you could take the time to review this letter for factual accuracy, discuss the matter with town counsel and speak with me directly if town counsel will permit that to be done; otherwise, I would appreciate hearing from town counsel. It seems to me that the appeal now pending in the First District Court of Barnstable is inappropriate because the building required no variance or special permit, and that confusion and misunderstanding has resulted from the recodification of the zoning bylaws with the 60 ' front yard setback instead of the 100 ' requirement. It strikes me that it is in everybody's best interest to bring this matter to a speedy conculsion with the least expenditure of time and money, and I would like to work with you to resolve this dispute in that spirit. Thank you in advance for your attentio this m _ er. e r1 ors, OBERT CO EN RC/vy cc: Robert D. Smith, Esquire 3 ROUGEAU, BUTLER & LARGAY COUNSELLORS AT LAW 720 MAIN STREET POST OFFICE BOX 608 HYANNIS, MASSACHUSETTS 02601 RICHARD N. ROUGEAU (617) 771-4230 WILLIAM F. BUTLER, III RICHARD P. LARGAY February 10, 1988 Mr. Joseph Daluz, Building Commissioner Town of Barnstable Town Offices Main Street Hyannis, MA 02601 Re: Barnstable Community Federal Credit Union 66 Falmouth Road, Hyannis, MA Dear Mr. Daluz: This letter is to request that you lift the cease work order you have imposed on the above referenced property, The basis for this request is due to a change in the Town of Barnstable Zoning By-Law which now provides for a sixty (60') foot front yard setback in a highway business zone as opposed to the hundred (100') foot setback required when you issued your stop work order. In April of 1986, the Zoning Board of Appeals issued a special permit to construct an addition to the building. The reason that a special permit was required to construct the additon was that the front yard setback " requirement on Route 28 in Hyannis in a highway business zone was one hundred (1001 feet. The present Zoning By-Law as recodified provides that the front yard setback is sixty (60') feet. Therefore, the building as.it exists conforms to the front yard setback requirements and therefore no special permit is required to complete the addition. Enclosed is a copy of the April, 1986 Board of Appeals Decision which addresses the setback requirements. Also is enclosed is a photocopy of the relevant By-Law provision regarding �r Mr. Joseph Daluz - February 10, 1988 Page Two the front yard setback and a copy of the plot plan which shows the proposed addition. Please note that the parking as proposed complies with the Zoning By-Law. As to the side yard setback, please note that a building permit was issued in 1982 which approved the buildings location. The 1986 Board of Appeals decision addresses the front yard requirement and makes no comment as to the side yard. If you have any questions regarding this, please do not hesitate to contact me. y r truly yours, P Richard P. Largay RPL:kwh Enclosures cc: WUMS Realty Trust TO: Barnstable Zoning Board of Appeals FROM: Larry L. Dunkin, Principal Planner RE : Appeal #1987-62 (Michael D. O'Neil ) DATE : July 27, 1987 Location: The premises is a 25, 713 square-foot parcel of land, located at the north side of Route 28 in Hyannis. Zoning: The parcel is located within the Highway Business Zone. Applicant's Proposal : The applicant proposes to construct an addition of 2, 080 square feet to the existing 30' X 45' credit union building. The applicant is seeking a modification of the special permit granted on March 20, 1986, which allowed 1 , 040 square feet additional office space to be used for credit union, and a special permit to i increase the size of an existing non-conforming building under Section G. The current proposed addition would be used for the credit union and rental office space. Recommendation: Buildings constructed under set-back variances are not non-conforming; and extensions of such buildings would need variances only if setbacks couldn't be met . In addition, all uses in HB district require special permits as per Sec. K.A.8 and Sec. P.A.28. of the Zoning Bylaw. Therefore, the application to extend a non-conforming building is not valid. It is the recommendation of this writer that the above-captioned appeal be denied, and the applicant be advised to resubmit proper applications . OE THE Department of Planning and Development STAFF REPORT 6USS a � ,639. `eo pTfD R5A'�� TOWN OF BARNSTABLE Zoning 'Board of App A�TQWN r'CLERK Michael D'. .O'Neil, Trustee of WOMS ti HSTAl-E. MASS. Re-a.lt--y_.T-r-ust ............................................................................. Deed duly recorded in the ...................................................... Property Owner '87 NOV -4 A]15 6 County*Registry-of Deeds in Book ............................ SaMe....................................... ................................................................................... Page ......................... ...........................................................Recristry Petitioner District of the Land Court Certificate No. Book ........................ Page .................. 1!?., Appeal No. ...... .................................... ..............I............................................................... 19 FACTS and DECISION Michael D. O'Neil, Trustee of WOMS Petitioner .......... .......................................... filed petition on Ju!Y ?_ .A............ 19 87 . requesting a variance-permit for premises at 6& FaImouth Rd........Ute..........2.8..)......., in the village (Street) of ............._....Hyann mis........................................ adjoining premises of ................ (see attached list) .................................... Locus under consideration: Barnstable Assessor's Map no. ........ ................................. lot no.43....................... Petition for Special, Permit: K] Application for Variance: F1 made under See. .................................................................. of the Town of Barnstable Zoningby-laws and See. ................................................:....................................................................... Chapter 40A., lkass'. Gen. Laws for the purpose of ion o.f a_....Spe_c._ia1 Permit t.o. a1law hi-m t.0......... increase the size Ofan addition previously granted to him. ................................................................................................................................................................................................................................................................................ Locus is presently zoned in..............A....EA.i.g.hwAy B`u-s-i.n.e.s-s................................................................................................... ... ............ ................... ...... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing inBarnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at a-Lab............A=. P.m. .........J..Uly.....3.101.................................... 19 87 , upon said petition under zoning by-laws. Present at the hearing were the following members: ............................................ ................................................................................... Ron S*.**"*J"*a**n**s*son , Chairman Dexter Bliss Helen Wirtanen ........................................................... ............................................... ............................................_...................... Paul Brown At the conclusion of the hearing, the Board took said petition under advisement. A view of the Joe-us was made by the Board. Page ........1............ of —A.......... AppealNo...._.j_9.8.7..-.f62................................ ............ 19 ...$3........, The Board of Appeals found as follows : The petitioner is seeking a modification of a Special Permit granted to him on March 20 , 1986 which would allow which was him to the size of an addition previously 9ranted 26 feet by 80 feet in size , at by 40 feet in size , to a size being Business zoning 66 Falmouth Road ( Route 28) ,Hyannis, in a Highway district . The premises are more particularly described in Barnstable Assessor' s Book Map 311, Lot 48 . Published and posted was duly pu Notice of the public hearing was held on pursuant to law, and in acco1987rwithetheefollowingaBoard members this matter on July present : Elizabeth Horton, Paul Brown, Dexter Bliss, Helen Wirtanen, and Ron Jansson, Chairman, presiding. represented the petitioner on this i Richard Largay, Esquire,herewith, Mr. Largay related to the Board hearing. In conjunction 40 foot addition that this Board had previously granted a 26 foot by on March 20 , 1986 to what is known as ThaiBporttrotaryeatrRoute 132 ity Credit Union. Locus is fairly near and abuts Route 28 . The credit union was built also on siightingale ite approximately four to five years ago square Lane , an undefined war: The lot itself consists of 25 ,713P1an for as is set forth in a plan of land entitled, feet of land, 66 Falmouth Barnstable Community Federal Creditt .Union. Addition, Road, Hyannis. Scale: 11, Attorney Largay indicated to the Board that the existing bank structure is a non-conforming structure in that at the time the bank was constructed, it was located 60 feet back from Route 28i out28 zonng and therefore in , compliance at that time with the existing Mr. Largay indicated that subsequent to its bylaw. However, ...._._..... Clerk of the '1'mcn of Barnstable, Barnstable enty ) e Board f Appeals County, Massachusetts, hereby certify that u t Lion and thatsn��1a.ppeal elapsed since of said l t.h ecision has been filed rendered its decision in the above entitled 1 in the office of the Town Clerk. Signedand Sealed this ........................ dad• of ....................................................................... 19 ...................:.... under the pains and penalties of perjury. Distribution ............................._.......... Property Owner 11,oard of Appeals Town Clerk Town ()f Barnstable Applicant Persons interested Building Inspector .......................... Public Information Chairman Board of Appeals At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. AppealNo......1.9.$.7-.6.2....._........._................. Page ...........2......... of ......4._._.... On .................._...................................._............................................._....... 19 ................... The Board of Appeals found construction, Town Meeting increased the setback in this zone from 60 feet to 100 feet as a result of which the building is currently non-conforming. A review of Appeal No. 1986-23 indicates that the Board of Appeals granted the petitioner a special permit to construct a proposed addition consisting of 26 feet by 40 feet as was evidenced by the plan submitted to the Board which the Board finally approved on March 20 , 1986. The petitioner elected, for reasons not totally clear to the Board, to build a 26 foot by 80 foot addition as a result of which the Building Inspector by letter dated May 26 , 1987 , would not authorize further completion of the proposed addition, other than to close it in, because of the petitioner' s failure to comply with a permit that had been granted by the Zoning Board of Appeals. - The total new addition would consist of 4 , 160 square feet of space on two floors. According to the petitioner, this would require an additional twenty to twenty-three parking spaces. By plan dated July 29 , 1987 entitled, "Sketch of Proposed Parking for Community Federal Credit Union, Scale 1" = 40 feet , " prepared by Baxter & Hye , Inc. , registered land surveyors , the petitioner presented a parking plan showing twenty-five parking spaces . However, the plan indicates that at least one parking space is located outside of the petitioner' s property on the so-called layout of Nightingale Lane, and that four parking spaces are actually "piggy-backed, " namely parking spaces 18, 19 , 20 and 21 . The petitioner indicated that the proposed use of the addition would be professional use only, and that there would be no retail use . However, the petitioner was unable to provide the Board with information as to the type of professional use that would be made at the locus . The Department of Public Works for the Town of Barnstable voted at a meeting of March 4 , 1986 , based upon the original plan submitted, to recommend a finding of no detrimental I, ._...................................................................................._......_............................. Clerk of the Town of Barnstable, Barnstable County, Alassachusett.s, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said deeision has been filed in the office of the Town Clerk. Signed and Sealed this ........................ clay of ....................................................................... 19 ........................ under the pains and penalties of perjury. Distribution:— PropertyOwner .......................................................................................................................................... Town Clerk hoard of Appeals Applicant Town of Barnstable Persons interested Building Inspector PublicInformation B} ..............._......................._...................................................... Board of Appeals Chairman At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No._._..a 9.17...-.6.2................_................. Page ..............._.I of A.......... On _._....__.........__............................_.._....._......................_........................ 19 ................... The Board of Appeals found affect provided that certain modifications were made to the plans. Per letter dated September 17 , 1987 , the Department of Public Works indicated upon a review of the current as-built conditions that their recommendations of March 10, 1986 were still applicable. The Board of Appeal' s original decision on March 20, 1986, was based upon a representation made to the Board, that the proposed addition being sought at that time would be utilized by the bank solely for one additional employee to do computer work. The petitioner, through its counsel, indicated that the proposed addition to the original addition of approximately 2 , 080 square feet of total additional floor space would not be more objectionable nor substantially more detrimental to the neighborhood affected. DECISION Dexter Bliss proposed the following findings : 1. that the petitioner made an effort to comply with the Town ' s bylaw pertaining to parking on site, but that some of the spaces provided in the plan were inappropriately designed in view of the fact that they were found to be outside of the site as well as the fact that they denied parked vehicles the ability to leave the site because of other vehicles being parked behind them; 2 . this area is highly congested in view of the location being fairly close to the intersections of Route 132 and Route 28; 3 . that the addition of another addition to the pre-existing bank building would result in an extreme over-use of this piece of property in an already congested area abutting an undeveloped side street and 4 . In view of the petitioner' s vague proposal, there is no way of knowing the amount of traffic that would be generated to and from the site. As a result of these conditions, Dexter Bliss foundthat the proposed addition would be more objectriondble l an-oAXtd of ptnsiable and tacbQe t I ribute County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ........................ daY of ........................................................................ 19 under the pains and penalties of perjury. Distribution:— Property Owner .......................................................................................................................................... Town Clerk hoard of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By _......._.._........................ Board of Appeals Chairman At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. j 4 I Appeal No._........._...19.$.7.=62..._................. Page ............ of ......_ . ..___ i i On 19 ................... The Board of Appeals found to the traffic congestion already in existence at this location. r Accordingly, Dexter Bliss made a motion to deny the petitioner the relief sought . This motion was seconded by Helen Wirtanen. Dexter Bliss, Helen Wirtanen and Ron Jansson voted to support the motion to deny. Paul Brownivoted in opposition to the motion to deny. Elizabeth Horton was not present to cast her vote. Accordingly, in that four affirmative votes are necessary to support the petitioner' s request for a special permit , the request is denied. i i i I i i i i I i i i j i I I i i I I, __...._...............__..........................................................._._................................... Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. I I i Signedand Sealed this ........................ dad• of .............:......................................................... 19 ........................ under the pains and penalties of perjury. I Distribution:— Property Owner .......................................................................................................................................... Town Clerk ltnard of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By .......L. . ..... ........ ............ ............................... Board of Appeals Chai . n , R n S. Jansson i ARTICLE 4 . I move that the article be adopted as _.printed in the warrant , except that there be added at the end of the last clause the words " along Routes 28 and 132 ARTICLE 4 . AMENDMEH TO BE OFFERED BY ZONING BOARD OF APPEALS : I move that the motio be amended by adding at the end thereof the following : and except , that the words " C ) Restaurant , but not consisting in whole or in part of drive—in or carry—out facilities " be stricken out . 4 SECTION 5 : SCOPE OF AUTHORITY. For the purposes of the authority to reorganize town offices, departments and agencies, as provided in this article , the provisions of charter article XVI, charter article XVII (as amended by chapter 76, Acts of 1981 ) and chapters 215 and 295 of the Acts of 1984 , shall be deemed to be parts of the by-laws of the town and may be. amended, repealed or revised in accordance with the provisions of this article . ARTICLE 3. To see if the Town shall vote to designate the Town-Owned property located at the intersection of South and Ocean Streets in the village of Hyannis ( Identified on Town of Barnstable Assessor ' s Map 326 as Parcel 61 ) , Aselton Memorial Park. And further, create a committee to oversee the design, purchase , and installation of a sign or other ap- propriate memorial, to be erected on said property. Said memorial to be visually and aes- thetically consistent with the area and pleasing to the eye , and which shall read as follows: "We , the residents of the Town of Barnstable , hereby dedicate this park to the memory of a fine public servant who died at the age of 25 while fulfilling his duties as a Police Officer of the 'Town of Barnstable . Michael Aselton April 13th, 1957 - March 29th, 1963" . The committee to consist of the Chairman of the Board of Selectmen, 'the Chief of Police , the Superintendent of the Department of Public Works , and two residents of the community to be appointed by the Moderator. Further to raise and appropriate, and/or transfer and ap- propriate from available funds, a sum of money to establish an Aselton Memorial Park Fund. The monies placed in said fund to be expended for the sign or memorial , its maintenance , and any other general maintenance that may be required for the park. (By request of ten or more registered voters. ) ARTICLE 4 . To see if the Town will amend Chapter III, Article III of its bylaws by striking out Section 3-3 . 6 ( 1 ) and inserting in place thereof the following: 1 ) Principal Permitted Uses: The following uses are permitted in the HB Business District: A) Office , but not including medical office . 4 B ) Bank, but not consisting in whole or in part of drive-in' bank or drive-up automatic teller. C ) Restaurant, but not consisting in whole or in part of drive-in or carry-out facilities. AND IN ADDITION: by striking out Section 3-3. 6 ( 3 ) (A) and inserting in place thereof the following: A) Any use in the B Business District not per- mitted in section 3-3. 6 ( 1 ) herein, subject to the following:'I AND FURTHER IN ADDITION: by changing the Minimum Front Yard Setback in Section 3-3. 6 ( 5 ) from 60 ' to 100' . ARTICLE 5 . To see if the Town will authorize the Selectmen to enter into an intermunicipal agreement with the Town of Yarmouth for use of a solid waste transfer station located at the Yarmouth Landfill . ARTICLE 6 . To see if he Town will authorize the Selectmen to enter into an agreement with the Bay Colony Rail- road for rail delivery of the Town' s solid waste from the Town of Yarmouth solid waste transfer station llocated at the Yarmouth Landfill to the SE2SASS Partnership waste to energy plant located in Rochester, Massachusetts. ARTICLE 7 . To see if the Town will transfer and appropriate and/or borrow and appropriate $150,000 to be added to the funds appropriated under Article I-il , May 1987 Annual Town Meeting and Article 15 , November 1987 Annual Town Meeting, to provide a total of $1 , 180,000 for the design and construction of a commercial solid waste transfer station and design of an equipment storage/maintenance garage to be located at the Barnstable Landfill or Airport and to authorize the expenditure of a portion or all of these , funds for design and construction of a solid waste transfer station at the Town of Yar- mouth; said funds to be expended under the direc- tioh of the Departnent of Public Works . This shall be a specific appropriation. ARTICLE 8. To see if the Town will transfer and appropriate x and/or borrow and appropriate $65,000 to be added to the funds appropriated under Article J-5 , May 1987 Annual Town Meeting, to provide a. total of $415 ,000 Ifor the design and construction of a 5 I I JOSEPH D. DALU2..-. TELEPHONE: 775.1120 Building Commissioner EXT. 107 TOWN OF I BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 26, 1987 Michael D. O'Neil, Trustee W.O.M.S. Realty Trust 33 Bassett Lane Hyannis, Ma. 02601 . Re: B.C.C. - 66 Falmouth Road, Hyannis Dear Attorney O'Neil: I have conducted an on-site inspection and review of the above-referenced for the addition now under construction. The Board of Appeals (1986-23) granted, based upon presenta- tion by your attorney, an addition as per plan, 40 Ft. by 26 Ft. or 1, 040 Sq. Ft. There exists in the minutes, the addition to be 910 Sq. Ft. Since the decision was based upon a plan on file, I would have to accept the 1, 040, Sq. Ft. The Board of Appeals file also reveals a site plan with D.P.W. approval dated March 20, 1986 . The purpose of the appeals is because--of the change from a business to a highway business district. This district permits a. two-story building. In further review, it appears that all other zoning requirements would meet zoning requirements, including parking. A letter dated May 18th, 1987 by the D.P.W. also states] that no substantial effect would result from the addition. Therefore, my review1would indicate that the completion of that portion of- the addition granted by the Board of Appeals would be proper and may be completed. However, the plans would suggest that more than one person would occupy the extended space and would increase the size by some 640 'Sq. Ft. In further review, to complete only the permitted addition would be subject to water damage with the adjoining open roof. I would allow you to close in the roof on the adjoining building with the clear understanding that you do so at your own peril. The remainder of the building cannot be completed but protected for public safety. r K. 7'. Page -2- Michael D. O'Neil, Trustee W.O.M.S. Realty Trust 33 Bassett Lane Hyannis, Ma. 02601 I trust that this matter can be resolved by the Board of Appeals in the very near future.. Peace, JDD:cp oseph D. aLuz cc: Board of Appeals cc: Town Counsel a .• t ' f i r Imo: v IND >- -n I �+ . . ` � - Q-V -�_ ,� ;, 4 Robert D. Smith, Esq. : x130 Ruth J. Weil, Esq. : x129 Claire Criffen, Legal Asst: x128 THE Eileen Mollica, legal Clk: x137 m�Qy°� TOWN OF BARNSTABLE n"$MAMI. a OFFICE OF TO'+ N COUNSEL Y"I. oo o 39�\� 367 MAIN STREET HYANNIS, MASSACHUSETTS 02601 INTER-OFFICE MEMO TO, JOE DALUZ , Building Commissioner DATE: July 8 , 1988 FRO[4: RUTH J. WEIL ( FILE No. 87-0124 RE: Deposition in Federal Credit Union se scheduled for 7/25/88, Monday, at 9: 00 A.M. (Case: Michael D. O'Neil Tr. , Woms etc. v. ZBA) Dear Joe : As we discussed, attached hereto please find the subpoena duces tecum for your deposition which is scheduled at the Town Hall on July 25 , 1988 at 9: 00 A.M. With regard to the documents Mr. Cohen has requested, I told him that the documents are not indexed by corner lots but that he was free to review all the building permits for the period of time in question. He replied that he would review these with you at your deposition. I will discuss this matter with you when you return from your convention. RJW:cg Encs. THE COMMONWEALTH OF MA.SSACHUSETTS ......N.o r,f ofk...............................ar. TO.........J•oseph Q D a L u z .................................................................................................................................................................... ...........................................................................................................................................I........ greeting. Vou arr hmpbu rommtmdrd, in the name of The Commonwealth of Massachusetts, to appear x#q ....a...de.P.o.S.i.t.?.o.n...................Court....................................I............ Pk�c 7C°E Wellesle.. Norfolk holden at..................... .....within and for the county of ................................................ ......................... 7th July , 1988 onthe .......................................I............................day of ....................................................................at ten.................O'clock in thefore ...noon, and from day to day thereafter, until the action hereinafter named is heard ;by)Uf x6&A-X, to give evidence of what you know relating to an action Q ...........................................then and there to be heard M between. ...................................... Michael D . O ' Neil , Trustee , and . ..................................................................................................... p/ainrif Ron S . Jansson , et als ....... ..... ........Defendants, and you are further commanded to bring with you .......a 1 1 a Pp l i c a t i o n s for construction .........I.............................. and/or site plan approval ( and plans filed therewith ) , within the .................................................................................................................................................................. .u.r.i.s.d.i.ct.i.on..p.f...�h.e...T.Q�.n...o.f....B .r.n.s. .d.b .e..,...fi_1_ed.,.du.ri.ng...the p.Eriod January 1 , 19'33through and including the date of service upon you of ........ ............................... this notice and subpoena , which applications relate to construction ................................................................................................................................................................... proposedto be done on any corner lot within the Townand further any ...............:................................................................................................................................................... any all app.I.icatipnsand...p_l.an.s re.i.at,i.n.g_.t.o...any...cg.nstruction proposed to . . .................................... be doneon a Way known as Nightingale Lane . §Frmf fal nn , as you will answer your default under the pains and penalties in the law in that behalf made and provided. ?3aicD al .k'.el.1.e .le.y................................. the.......... ......................day Of.....>)� 4. D. 19 88 DEPOSITION TO BE HELD AT THE � .../....................... .................. OFFICE OF ATTORNEY ROBERT COHEN 55 WILLIAM STREET , WELLESLEY , MA 02181 SOM:.rE_w E G.c:S1 t'.ONE c. SCS-01.u4SS iVRM<:. Norfolk First District Court Docket No: 8 7 C V 0 16 14 MICHAEL D . OINEIL , Trustee of WOMS Realty Trust PL-.intiff(s) NOTICE OF RON S . JANSSON , et als TAKING DEPOSITION Defendant(s) TO: Joseph D . DaLuz Please take notice that,at 10 o'clock A . M . ,on J u 1 y 7,, 1988 , at the offices of Robert Cohen , Esq . 55 William Street , Wellesley , , Massachusetts 02181 the P 1 a i n t i f f in this action. by his (her) (its) attorney(s),will take the deposition upon oral examination of Joseph D. Da L u z pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure, before \lelvin Lipman Notary Public in and for the Commonwealth of Massachusetts, or before some other officer authorized by law to administer oa ths. The oral examination will continue from day to day until comhl�•ted. A copy of subpoena duxes tecum isattached hereto . You are invited to attend and cross-examine. Rcspectfuu; f ROBERT COHEN I Attorney(s) for A l a i nt i f f CERTIFICATE OF SERVICE I hcrcbv certify that on June 15 19 88 I served the above notice on tl;e D e f end a n t s in the above-entitled action by mailing a copy thereof, posta(,e prepaid, to his (her) (its) counsel of record, Robe r t D . S m i t h 6 7 Main S t r _ C . Hyannis , MA 02601 a ROBERT COHEN Attorney(s) for P 1 ; ; I,+ ; f f Nlelvin Lipman &c BROµFIEL-0 STREET o:° .' MASS 11108 i j COHEN & KUSHNER, P.C. ATTORNEYS AT LAW WELLESLEY OFFICE PARK SS WILLIAM STREET WELLESLEY.AIASSACHUSETTS 02181 (617)431.1400 ---------ROBERT COVEN MARVIN W.KUSHNER LLOYD A.SANDERS - -- MICHAEL GRANT WILSKER - - . May 6 , 1988 - - _ Richard P . La.r.gay, - _- Rougeau , Butler & Largay - - '720 Main Street.. P . O .' Box 600 - Hyannis , MA 02601 Re : Ba'rnstable--�:C-ommunity Federal Credit Union = : Dear Richard : Wi th _many thanks _for _your_ help in __puI l ing -.this Getter _ - -together, I Amq enclosTing„aYdraft .of ,the �l.etter�_,I.;propo;se r : �. sending, to .Mrbaluz 4a �I beli, ve that >: it :;is -accurate except_{: for the issue as to whether or not the revised site plan of 12-22-87 was ever actually submitted .to Daluz ..�..._If._..not , .. I can revise the letter .to indicate that it is enclosed. Any, f - -other comments , criticisms or suggestions .would be .very, a . . much •appreciated . Ver truly yours , _ ROBERT COHEN RC/vy Enclosure Richard D . Man one Robert D .''Smith Michael D . 0INei1 ' i -14 F T 0 P Y DATED FOR DISCUSSION V - May _, 1988 Joseph Daluz Building Commissioner Town of Barnstable Town Offices Main Street Hyannis, MA 02601 Re: Addition to Barnstable Community Federal Credit Union Building, 66 -Falmouth Road,- Hyannis, MA Dear Mr. Daluz: Please be advised that I have been -asked by W O.M-S. --Realty- Trust-- and the Barnstable Community Federal Credit Union to review the circumstances---leading up to your, directive to cease -construction ., - = activity -on-the-proposed-building, and the denial by -the -Zoning - - _ -� - ..Board...of .Appeals.of.�thes-plaintiffs' , petition for .special .permit `'and `the judicial-appeal -now `pending `therefrom." As requested, I have conducted such a review and I would like to share with you and obtain your views as to the accuracy of the information I have, and where, if ,at all, .you have differences with respect to either the facts or what is legally appropriate. I understand that on March 20, 1986, the Zoning Board of Appeals held a hearing with respect to the. petition to allow the construction of a 261x40 ' addition to. the original and then existing Credit Union building. ' The petition states in it that its purpose is to allow an addition to an existing non-conforming building.,, I presume -that at the -time the original building was constructed, it complied with all applicable zoning bylaw provisions, including both front and side yard setback requirements.' 'I assume further that the building was referred to as nonconforming .because a subsequent change in the zoning bylaw increased the front yard setback requirement, and the building, _ as constructed, did not comply with the new ordinance. I note that no change was made with respect to the side yard setback requirement. I also note that in the issuance of the original permit, Nightingale Lane was apparently not considered to be a streat from which the front yard setback was applicable. Instead, the lesser side yard setback requirement was applied. I point this out only 1--lac-cruse your zonina bylaw requires that front ` urd sei-'-acks s-.ai _i a__ streets ;d:e_e a Foy ab -c on more than one street. I am informed that the petition was allowed but that an addition measuring 26 'x80 ' was constructed instead of the 261x40 ' addition which was authorized. I am further advised that despite the open and obvious nature of the construction, construction advanced to the point where the building was completely enclosed and _-__-_- -�.-substantial-.,interior- work completed before you ordered the construction to cease. y Because of your order and the apparent violation of the zoning bylaws, a petition for special permit was filed on June 2-, 1987 seeking to amend the earlier petition by allowing the construction of the larger building. A hearing on the petition was held on June 30, 1987 and the decision indicates that it .was denied because of inappropriately designed parking spaces, the proximity of the location to the intersections of 132 and 28 , and that the addition would result in extreme overuse .of the property and the inability to determine the amount of traffic that would be generated to and from the site. I have reviewed your current zoning bylaws and I find the following: 1. The property is located in a highway business district (HBD) . 2 . - -In a $BD -(Section 3-3 . 6) the front yard setback is 601 and_the-side, yard setback is �a total of "30' . .. y - ... ...,w'S- aw -:zr ...a•,:. .S Fr.+... .ash. i�cY:,.`.. '•..:%r`k ri a �_w �.A.-,.- 3 . One parking space is required for .eve—j 300 "square feet of gross floor area plus one for every separate suite where the building is to be used for office, professional or bank use (Section 4-2.7) • 4 . The use of this site is subject to the site plan review provisions set forth in Section 4-7 . 5. That the Building Commissioner or his designee has the .responsibility .of reviewing the site plan and notifying the applicant of approval, disapproval, etc. , together with a statement of reasons for disapproval. - 6. Ordinance Section 7 defines front yard setback as being applicable from all streets where a lot abuts on more than one . street. Applying the above zoning bylaws to the nearly completed- building, I have the following observations: 1. The bylaws do not define the wordD i in def ;.ning setback. Niahtingale Lane is, at "best, an unu ip way, not a public way or street, and one our office has not previously applied the double setback nt fQr corner �� 10 ' k 02 2 . I find that a site plan dated December 22 , 1967 was submitted to your office clearly indicating the appropriate number, location and layout of the parking spots and that the building, as constructed, -conforms in- all respect to the current zoning bylaw. In—fact-,_since the_recodif_ied_ byl-awsindicate the front yard :setback to be 60 ' and not the 100' believed to be applicable; t - building is in fact a fully conforming structure and not noncon grming. Because the building fully conforms, it is the responsibility of the Building Commissioner to act on the site plan as submitted and to the best of my knowledge you have not s acted. If you are denying site plan approval, you have failed t - - furnish the ,appropriate statement of reasons .c` - .. ti:.x de. . :.,h� z-w.S;:�.a�.'$v.�t..-g.� _-„i�:J"Yri c• .- . _,.., .. ..:-,.. d. ._:z- �-.. - I would verykmuch "appreciate }it if you could take the time to review this letter for factual accuracy, discuss the matter with town counsel and speak with me directly if tow " counsel will permit that to be done; otherwise, I would appreciate hearing from town counsel . - It seems to me that the appeal now pending in the First District Court of Barnstable is inappropriate because the building required no variance or special permit, and that confusion and -,misunderstanding has resulted from the recodification of the . zoning -bylaws with the 60 ' front yard setback instead of the 100 ;,` ire irement.r�: It/y-strikes--me..that-.it is in :.eve bod !s _best �Qri` `f F Y to r �" .. I.y?� .,;: Y.;�. r: ..x. p .. Y cu y 4 ;vim.-,. p in to,.brin this matter=-to ass eed conculsion with,4the z .r �.x �: t � , ># _least:zexpenditure °oftime °and:money, andIwouldliketowork#, with °you to resolve this 'dispute in that spirit. r Y> w k,44 � 5t � , yr, ;, Thank you in advance for your attention to this matter ' i�^s.'9S�: "'�� �"w'�as;..li r? .s zY M' r '�-'>« ��4 •t:- S.� m e e�x r7t.. �r� i . d`r x E +ic.� 'e3 .i i� �:�- 4 Y ear a7.•u xr;r r,� r' B ^ ry x{_Jy.. RY fr3+KT71 "�y"1. `'.'• } F ry `'.t'� r .. y, s f. truly yours, , � Very a.y�:..�F �"�:�.. -t 7i'� { t�.�..-'4r--x-.z�'- ..,."'s.,.� r, :s� d'. r •,r _ �' ,.:�' ^^; ' '^_: `- .. .-'€: �`•��� � $�f�'i�.3�•& � b.`ids f� .-, ro. ., .. _ - . ROBERT COHEN yam;3S f y "F .'r 14T'b.,fi+'swt q., 5..„ �.•r yx .t f 7,�,, ,. - . - " 3fi � ` 3' �`a>� cc: °:Robert D. Smith, -EsquireRAF _ 3 D Mpy DAND x c u FOR DIAW ii i t1aRr13TABL€. MASS. y Nile 1 No. ........... .............. Received '>a6 FEB 27 AH10 12 s naagsTsaL039. s •' QED MAY k. j� TOWN OF BARNSTABLE PETITION FOR VARIANCE UNDER THE ZONING BY-LA SPECIAL PERMIT To the Board of Appeals, rr; :_: Hyannis, Mass. The undersigned petitions the Board of Appeals to vary, in the manner and for the i asons hereinafter set forth, the application of the provisions of the zoning by-law to the following desa!ribe(1_ premises. 66 Falmouth Road Applicant: .,Barnstable Community Federal Credit Union Hyannis, MA 02601 ............................................................ ......................................................................................................................................................... (Full Name) (Winter Address) .................. Owner: ...........John....I,.y......Sa•hu1.enber..g..,.....T..ru•s�te�......................................................... (Full Name) (Winter Address) 66 Falmouth Roy; Tenant (if any) : ...Ba.rnatake.I.e.....Community....Zedera.l....Cr.edit....Union........aya.n.nis..r.....MA 02 (Full Name) (Winter Address) 1. Assessors map and lot number ...........'dap.....3.,1..1................................................P.arc.e1.....4.5.-.2............................................... 2. Location of Premises .........................ROute 28........._............................................... Area Y.. .n.?1 .s.r.....Mas•sachusett . (Name of Street) (What section of Town) 3. Dimensions of lot ....................1.0 ..................................................................1.5.0..... 2 6.,..7.0 0 s f (Frontage) (Depth) Square Feet) 4. Zoning district in which premises are located ...........HB........................................................................................................... ................. 5. How ti. How has es are now on the above premises? ...........thr�e.e....}!.ears............................................................. g to the Rota one g ....................................... . ...........................................................................I........... 7. Give size of existing buildings 46 ° Q!.•............ Proposed buildings .add.it.ion-Ito.....exl.s.tl-ng....•bu•a,.1,d•i.ng........Si z.e....v:f....Add.iti,o.n.:.. 8. State present use of premises ...Cr.eda.t.....Union.,....................................I.. 4.�........x 26 ' 9. State proposed use of premises same . ................................................................................................................................. ......................... 10� Give extent of proposed lt or alteration, : additlori to the existing building ....................................... 2 ° Q 0 ° .the...:�.���.....A,f.....the....P.r.ez1 i..ae.s:., I................... 11. dumber of living units for which bu lldlnp is to be arranged ............1 /A.......................................................................... 12. Have you submitted plans for above to the I3ni1(lin(* Inspector? y.es 13. Has lie refused a permit? ...................................................... .. .................................................y.e.s,.......................................................................... 14. What section of zoning by-law do you.ask to be varied? ....., otzon G B extension or ..8-e....... . .c _: . .....i:n.... ......................non-conforming ...................... .......................................... ........................................................................................................ ....................................................:.............................................................................................................................................................................................................................. 15. State reasons for variance or special permit: .......The existing building does not comply .�'e..:..uIy _.."te.nsIGn....Qr....add•i:•t•-:o•n....to....the.....bui-ld.1ng.....r•equ-i•res,....a.....epee.•laa.l.....pe•rmi•t......... It is thy,,,,, .t t. e.r..:..s.....poeltion....that.....th.e....pr.apas.ed....addi.t.iAz�....1, i.I,�,.....nQ.t....resu detrimental to the n-Y hbouc•tur•®••••mor.,& •obj.ec•t.o•na•1•••••or•••••substantially �,n....th.e.....cr.ea.t.ion,....ot.....�n. ....s�t.�' g............Irhood. ................................................................................................ ........................................................................................................................................................... ..........................................._......................................................................................._..............................................................................._....... ......................................................................................................... ....................................................................................................................................................................... ll.. Ispeetfully submitted, (Signature Petition received by ................................................................... ............... ) ......... ..lei. LargayRi a .. (Address) ..�.2.a....Main• Stree .............................................. Hearing date set, for ...................................................... 19 .................. Hyannis, MA 02601 " Filing fee of $25.00 required with this 'petition. This form finny :also be used for Appeals. (OVER) i y following arc the names and mailing addresses of the abutting owners of property an_c the ,uuucs and addresses of the om-nersl of property abutting the abutting owners of property and the names and addresses of the owners across the street all with their corresponding map and lot gum- bers according to the . records in the Assessor's.Officer at the date of this application: Please type or print only. MAP PARCEL NAME ADDRESS 2 Joseph A. Sullivan, Jr. . 252 Summit Ave. , Providence, RI 029( 311 3 Speedy Muffler King Box 2511, Property Tax. Dept. Room 2601, Houston, TX 77001 311 4 Edward F. Mastrangelo c/o Angel Motel, Route 132 ,. Hyannis., P 02� 311 5 Richard A. SullivIan 342 Long Pond Drive, S. Yarmouth, MA 311 6 Corp. Brothers, Inc. One Brook Street, Providence, RI 029( 311 7 Winthrop Wilbur, Jr. Box 980, Hyannis , MA 02601 311 8 Frances R. Fern 1379 Falmouth Road, Centerville, MA 0:, 311 43 Arnold Ginsberg 727 Mass Ave, Box 726 , Cambridge, MA 0213?I 311 44 Robert E. Kanter 14 Faunce Mtn.. Road, Sandwich, MA 02 311 45-1 same as above same as above 311 . • 45-2 John L. Schulenberg, Northampton Institution for Savings Trustee Northampton, MA 01060 311 47 Gertrude L. 'Nightingale 1 Nightingale Lane, Hyannis , MA 0260: 311 48 John L, Schulenbe_�Irg, Tr. see above 311 49 Jeannine L. Hubbard 250 Baxter Neck Rd. , Marstons Mills, I 02648 311 50 same as above same as above 311 51 Arnold Ginsberg see above 311 53 Winthrop V.E. Wilbur Cedar Tree Neck Road, Marstons Mills,. 02648 311 69 Vetorino Bros. , Inca Box 34, Barnstable, MA 02630 311 70 Myron Cohen 63 Bristol Ave. , Hyannis, MA 02601 311 71 Anthony G. Marken; II Box 368, Hyannis, MA 02601 311 72 Robert F. Lorangel Fuller Electric, Route 28 , Hyannis , Mi 02601 311 73 Gilbert C. Wood 211 Sea Street, Hyannis; MA 02601 311 87 John T. Merrick 23 Belton Street, Dorchester, MA 021' 311 89 Gertrude L. Nightingale 1 Nightingale Lane, Hyannis, MA 0260 311 94 Nicholas J. Joaquim . '17 Curnner Street, Hyannis , MA 02601 311 95 Richard A. Sullivan 342 Long Pond Dr. , S. Yarmouth, MA 02 311 96 Corp. Bros. Inc. Nightingale Lane, Hyannis, MA 02601 311 97 John F. Handel Box V.-; Hyannis, MA 02601 311 98 Craig R. Short I. 14 Tory Lane, Dennis, MA 02638 311 99 Arnold Ginsberg see above I hereby certify the above names and addresses, as required under section 2 of Chapter 40A of the Massachusetts General! Laws, are as they appear on the most recent tax list (1985 Fiscal Year) to within 300 feet or 300 feet. the abutters to the abutters within the March 3, 1986 / i2o ert D. hi tty Director of Assessing I There must be submitted with the within .application at the time of filing a plan of the land, in duplicate, (or two prints) allowing: 1. The dimensions of the land. 2. The location of existing buildings on the land. 3. The exact location of the improvements sought to be,placed on the land. Applications filed without sal h plans will be returned withotit action by the Board of Appeals. I I i I I I RECORD III _ �dY OF DEEDS f ;OWN CLERK "Ir' ,,. H SEC. OF TOWN O� BARNSTA�LE'"�'��hRNSTApLE��MASS�����'� COMPS tiV1T� �- x + _� � P L13 40A M.G.I. �� Zoning Board of Appeals F r g � APR1� PH 342 i w..,r "n�. `% 5 � r ..»»J.oYua...L_...Scliulenberr�.,. Tiustee.............»... Deed duly recorded. in the »Property Owner L i , County::Registr of}Deeds Bi ; y� ui ook , Y ; ti r H3�tah]..e..»co m inity...Federal.........1........... Page. ....................... ».. � `... � Registry, f {t a ' Credit Union Petitioner -f= r " r District,of, the Land Courtl Certificate No ` ,. fI, s �* j .... ........................ ; - page , , Bookx::, R. ' 77 Appeal No. _....1.9$.6.-23.._..................................... t 4� + _i n . .....�:'+•{+v i- §:F7..'�� :J-1aa+' FACTS and DECISION.y j 4 •-. Y 'a .+; {t # j, # `...F t Ley. t r '�'e+as a� �k ka Petitioner BZrnstrble».Cll1 ].ty... £' rj. filed petition .............fiY " f`on Credit..Union,., t a ��2� �y �� a re uestin a variance- ermit for. remises_.at Route 28 & Ni h ui le Lane q g P P . - » c 9 ink the ,village <+ <r y 3 Street m ' 't. y.• ..,f .t , .s SYt t t t: �� �•'."`' :.(: , :f;` �'t „4;#r x : m `' thgPoK-,. of »»»» H 4-4F1F1 » ...... .. ..»., adjoining premises of (see attached*list) ,3. l i s, 4 ?k' � Locus under,consideration: Barnstable Assessor's Map no. plot no 1 ; f C �� ':+, •`.+'_ _ " .,r 1-'1' C' '.F S.'. ' L.:4 } i:.y2, �'` .`ati r '+"+`•$.ZR'�&,�3 s •'. Petition K for Special Permit: +.� �+. .`�'{ _ ?. 1 ,..4.. r"„ .,��"w ��f;� t"3'� ih �i�s -y,..5,,rt�,}t,��;�,*•1��"va.. c - J r.= r+ ''z;t�. r r: s Fa"c '``x•^?�x`1, »..... ....».». f K � R Application for Variance: ❑ made under Sec. ...............»... ............. of the Town of• Barnstable � � i h , 4 U Zoning by-laws and Sec. ..........................................»..... »................»....:. ......... Chapter,40A� Mass: to allow thel construction of a 26' x 40' addition for the purpose 'of .»_.........»..........»»............................».. ».»......» ............ . ............................ ....»..» .... .. .»»......................................................to..»an existina non—conform nc:»building ......... 'L »..I.. » F ' Hi hwa Business { t, f Locus is presently zoned in...».... ....»..........g. y...................................................................... ......... . ......,. ...... � 5 Notice of this hearing was given by mail, postage prepaid, to all persons deemed affebted* and "x by publishing in' arnstable Patriot newspaper published in Town of Barnstable a copy ofFi� , r k s 1 t prae} which is attached to the record of these proceedings filed with Town Clerk.,,,,,, • 1 t _.; .: .. .... ., '15 ; �: �•� � '1 ..� :,i}. r.3's « alp x � � ,a�.;�'" �,Y<3c A public hearing by the Board of Appeals of the Town of Barnstable was held; at the ToW11, ` Office Building, Hyannis, Mass 'at ...» »»8i 00.»_..»» P.M. » March•»20 1g 86 ' i�+:fit jFr-.}. - • rt'�:K,:f � rt t �u�rLv. S� $ upon said petition under zoning by-laws. F_� . .., _ . _ µ t ', z � t � + pt ,Present at the hearing were :the foll(wing members: h 4 r r I< » Luke P•»Lally Richard L. Boy Ronald Jarisson ».» .......w.» .»w•................................................ ....................., ii ............»..., w» rt r Chairman • .......... ......F>,'.1.7 zatnth..»1.TXYn.inX .». ...».... $1 1 c ,.'4✓'� 'S +`t .. .. ..f�:f.:r.YJ{i.... +tf ....... P ��{ ... ...................................» »• i 1 4 yy _YP`�s*-n s thecoiiclusion of the healing, the Board took said petition under advisement A view of:thed= t V locus was`made by the Board y6- g�5tl' :. 1986-23 J � a } ' ' 4 �� �rAPpeal No ... Page of r RF a ..�n March 20 86 Rs , <On 19 ... , The Board offss Appea$lsa found q � t � "h'+r�tK y { f`r 1n • i � x e, } •t .,k3- ' s ,y �i..r . ��r i..t' Y,' ,' Cr t F w1 s y '{�*,.s . *r �`b � +. `. t � Attorne Richard Lar a re resented the petitioner who area ' y g Y p Pe ppealing W, t ;y Y decision of .the building. inspector and petition;:"for a Special Permit toy Nr qR��;construct.a'26,' x 40' naddition to the rear of;.the.existing_>non"t confozmang 1 . building`known"as the ;Barnstable .Ccmnunity. Feclerai;Credit=MUnion_ at ;663 �� ' 1e ; k , b FallTlouth Rd:,. & .Route .28,-:Hyannis .in a Highway`Business zoning' distxict x �' as fThe petitioner. seeks.relief frs�m the.100 foots,setback requirement } r,; when the original btiilding`was constructed;."the.'setback requlrement'awas a Ar >H l-only 60 feet: .Updated plans.have been presented that address and comply in x with the recommendations of the DPW, :per.'the.lettert;'dated;March' 10,�1986 The existing structure contains _1200 square feet X. the proposed addition}Y Yi �y � x to be 910 square feet - to be <17 parking spaces provided One'additiorialr employee is. proposed, for' ccmputer work. :Richard Boy.made' mot ion -to gran � f 1 F 3k J, the Special Permit, to:allow-the proposed addition --to.be,per the/ yang s pre sent ed:at .the hearing the motion was:seconded by Luke P eLal�y `'°The Board voted unanimousl to ant the"relief sou fit b the titionerr f y g y; Pe r`;the'Plan indicated as`*revised to c 1 with':reca►niendat ons of�<'tli, W t '�" ` �p Y 4 The Board. found that to allow thin extension will not be detrunental to the s {>t° neighborhood.nor in derogation of. the spirit and intent of the zoning by-' lawst d; Subject to the provisions of the state buddingAl codes f {y � ; tO • < _ _ t '� s pia.. .F. xt Sir c ^t I, �_ l v„x1<v /l- l „v„Q r✓ ss+r Clerk of the. Town of Barnstable,_' Barnstable'' ` 4 -County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals ad rendered its decision in the above entitled petition and that no appeal'of said decision has been filed � > Y -'in the office of the Town Clerk. a �y nn Signed and Sealed this �'�....:. day of ../�........................................ 19 under the pains ands penalties of perjury. l\\ ,... -{� _�` Distribution:— �' 'Property Owner '� s pe s Town"..Clerk ,;� Board of Appeals ; xxa Applicant ��•. Town of Barnstable Persons interested Building Inspector 4 4 Public Information By . . _w_........ Board of Appeals Chair i' "� ' b U ro,�rlwuk�l -e 76 WORD I�,+ `'-' : �g'IY OF DEEDS tit IN COMPI.�. . �ITH SEC. 11 OF TOWN OF BARNSTABLE 1��� �,�1E. ,r. �' ►� 40A, M.G.I. Zoning Board of Appeals t,., APR -i Ph 3 ci 2 .................J.ohn..L....Schulsnbezg.,.... stee.............._.... Deed duly recorded in the ._................................................... Property Owner County Registry of Deeds in Book .............................. .................Bar -.talole...Ccmmity. Federal.................... Page ........................, ......................__.................................Registry Credit Union Petitioner District of the Land Court Certificate No. ......................... ........................ Book ......_................ Page .................. AppealNo. _.... .9$...-23......................................... ............................................................................ 19 FACTS and DECISION Petitioner .Barzzstable....C.CX1(Tt11�it.Y...FQ.dlar 1........................ filed petition on ..........___............................. 19 Credit Union requesting a variance-permit for premises at ........Route 28 & Nightingale Lane in the village ............... .. (Street) of .............__uyonn1S..............._....._............................... adjoining premises of ................. (see attached list) ..................................... Locus under consideration: Barnstable Assessor's Map no. ................311 lot no. 45-2 Y Petition for Special Permit: Application for Variance: ❑ made under Sec. .................................................................. of the Town of Barnstable Zoning by-laws and Sec. ._........._............................_.........._...............:........................._...................... Chapter 40A., Mass. (ten. Laws for the purpose of to allow the construction of a 26' x 40' addition to an existingnon-conforminbuildin �_.... :. ... g.. g. .................. _ . Locus is presently zoned in........._..._ Highway .Business Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Marnstable Patriot newspaper published in Town of Barnstable a copy -of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was field at the Town Office Building, Hyannis, Mass., at ......__8 00_. P.M. _..March 20.1.._.....r�............................_ 1986 , upon said petition under zoning by-laws. Present at the hearing were the following members: Luke P. Lally Richard L. Boy Ronald Jansson ............................. ................ .......... ..................__ ..._..............._..�.._.......................................�._.......... ............_.........._..._..............................._........._....... Chairman .Eliza?.e.tkl...HQr Q.:?._. ................ ............ _....._. ................._...__._................. At the conclusion of the hearing, the Board took said petition tinder advisement. A view of the locus was made by the Board. 1986-23 Page a ........................ of ................... .. AppealNo......................................................................... March .2�.R.......................:..................................... 19 ...86......., The Board of Appeals found On ......................................................... Attorney Richard Largay represented the petitioners who are appealing a decision of the building inspector and petition for a Special Permit to construct a 26' x 40' addition to the rear-:of the existing non-conforming building known as the Barnstable CcMunity Federal Credit Union at 66 Falmouth Rd. , Route 28, Hyannis in a Highway Business zoning district. The petitioner seeks relief fr—.an the. 100 foot setback requirement, P (29) , when the original building was constructed.;. the setback requirement was only 60 feet.- Updated plans have been presented that address and comply with the reccnviendations of the DPW, per the letter dated March 10, 1986. The existing structure contains 1200 square feet - the proposed addition to be 910 square feet - to be 17 parking spaces provided. One additional employee is proposed for canputer work. Richard Boy made a motion tV15grnt the Special Permit to allow the proposed addition - to be per the/fiR ecL presented at .the hearing - the motion was seconded by Luke P. Lally. The Board voted unanimously to grant the relief sought by the petitioners per the Plan indicated as revised to comply with recaff endations of the DPW. The Board found that to allow this extension will not be detrimental to the neighborhood nor in derogation of the spirit and intent of the zoning by-laws. Subject to the provisions of the state building codes. v4� �!3/ vo,^�..,,.. Sr.2T Clerk of the Town of Barnstable, Barnstable I, ........................._...... ..........�...... ............ . County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. . 19.......... �......_....... under the pains and Signed and Sealed this . ..7�0...... daN of ............................ .!.die penalties of perjury. C �- `�"✓ Distribution Property Owner card Town Clerk Board of Appeals Town of Barnstable Applicant Persons interested `� Building Inspector , �'�.................... ::1...............<........ Public Information By """"" ma, ...... Chairman Board of Appeals JO Barnstable Community Federal Credit Union 66 Falmouth Road,Hyannis,MA 02601 •508-778-6210 March 21, 1988 Mr. Jospeph Daluz Town of Barnstable 367 Main Street Hyannis, MA. 02601 RE: Barnstable Community Federal Credit Union Dear Mr. Daluz, The Barnstable Community Federal Credit Union desires to install an .automatic teller machine outside our existing drive up window. Pertinent to this, I would like to know of there is anything in the zoning by-law to prevent this installation and if I need a permit. I would appreciate a written response. Sincerely, Lyn M. Vasapolle TREASURER LMV/dek f e d .IOSF,PH D. DALUZ fELBPHONE: 775.1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 March 24 , 1988 Mrs. Lynn M. Vasapolle Barnstable Credit Union 66 Falmouth Road Hyannis, Mass. 02601 Dear Mrs. Vasapolle: In response to your letter of March 21, 1988 regarding an automatic teller machine, I find nothing in our zoning By-Law which would prohibit said machine. Basically it is the same uses permitted in the business zone. ;Peace,s ph D. DkLu ilding C mmissioner JDD/df j j ass Yh _ �!I. __ __ �'�. _ T (32 LoGvs 1 Ai2poizr t-1 �nGvs MAI' i. I MAP Sit I • , - x ---- •c + r-puce _ tZ•� K-2 SPIKC -- i q I v 1 1 I Z cove c oveK I � I Q U G-:X IL- � ,'. ' MT - --- Ilij Tf E`=�a� --- - w_� 5 IOU �4T44A lot 00 I 72 60 GovEq, I ILL, C�CISTI !.I� I'A 1 1 \ C t3 d St A IC e 11 ` 9Y•44Is !1 , I J C) 1::�vT IL.A I or= LA�� (�" SGA t_G 1'' 'Zo r� � . 21, tgB-i 4 �A'C T eL -;� NyE IWC, `6A2tJ5TAT3LF� ��;ZIC.11�1�_! ..�/ G'• .;i;._.. �.NG i iJ�L IZS (�Qvi2�U p�i�t�uiJG I �PAC.t �3ov POZ OFr-ICE vrZ 13AI-J:L U�E 1 / SUETE- E XI'STI IJC- 134WIL 132o SF ",pAca5 ToT<tiL GZeak,)1 TOTAL '-W o .tii - 23 ' w. Locus Airzpoizr M A P MAP I I PINW-eL .43 F-lz SPlV-'E- Gr �'j MT. TZ ILI I \ \ 1 N, 19 IN, ovsa N-a--A En 10 6 T3 FLA(-P,LG \ \ ' - -J, fill (�OAAMU F'C-'�S ILA L- CIZETJIT UW 10 11, R31 -F->-,A VT E- YE I WC, I LOA QD 9-5 I ta r) 4+ 'Zl -TCr-T nL 1,J 0 E � : P „ra,el Pits k '�� 0 ��.� / • ��1� ✓ a • 0 / Drive-in Theater V — � 50 D ' • P �� o zs �Pona ' I 5T0 0 2`•C MA`� 1.3 \� 7g i +y �II ! I� `•� ubstatio . U 1 1 , 1 ��. LD IJ 4CRpd�osr Now tdwerj _BARNS BLEt•IICIPAt AIRFb/ // WOOD i 132� � Be i :II Se.tivge� 11 A . J of �y 28 �Q� 26 � /�© 2� 1 Z t III `o• �, •.'�•� i�•'�-. ��• ;���r e�� ,, a �- °3`,�� '�',� .fi ���� .• . ,n 7.1 - �r eR ----- ILa to 1�= a oir ���`�+�` �-._'�" '�\\ Z 51 - `f!•' _. _ CacE odd,,, _ --- _w — ------ HoSp tel r yannls _ _ It � i DRtvE- LOGU�v j LEFT TOWKJ LAME W I- H -THE N',A ` 0 25 _ HIGNWA L'EP.-%0-T►•�E-_NT� �OAl12� X I'TI —41 UJ of 0, 1�2O JJ d / r Oa' LEC� Wa�D 24 ('(fp �Xl i r`JG� t - EiG=4a°14WH > �. P � tiIDD -map WW V - -- Lf�pL-'A 1,162 �X1� \A1��1C AV 11i :r Cat- r T \ CSC- pLU i t 2 �o _T 3 9 � � �QEZ�VE O\\Lo��Q �.\ . � 2E�OL ��• J o 4 � 51 co \ t < I V \ , 1 60 moo �MQuoYV--;OX G,': ; NJ IS �` 5tiQu65 x oNC ' wc.L�c 4 X — x r _ -3•-j �� sr 6 AC, RTO � a t 01i E 232 �4 - eaoF PAVEMENT - 1 g5.o 1, rZ�Z�IA ' r Co z\- U -'l S- l -� ►-- - 12' oo� x 4 �EAC�1\UCH nQ O 1 PAVEMENT / �� (D b?_o►CE►.] 1 UP Ef x -'��-\ 2 BITUMINOUS CONCRETE - �I QP° �a "¢ ` C' - �� �� J BERMLF o v® J p� Ek l ��11JC, Co1J-ToU x A(.NIuc, - a cA-r�H gA511`1 PAIZGI 1� IL Gj( -T �,I-c UMW► 0L)'b C C)k X - _ � .t� 47 04 ,. (V_AJ✓I✓ To �c 06- SPACE AS SHOWN 4�� ON DRAWING _-- - - --- — A-CCN �A511.� ` ED�TG OF C PAVE _ - - - — F-A 5 0 �V. 4-7.90) \ X.. X__ - x_ x— x YU C'U V- 1P051 r. .`1.. 4" MULCH 3" SAUCER RIM ` E BACKFILL W/PLANTING SOIL MIXTURE ycXlSrit�iC� PAVED AQE AS To � FILTER FABRIC 2 \ RESERVED x•r '%:.;:. :.::. Sri O-l`MOVED 4•1JU l AIKIPt�APED —� FvLD BACK BURLAP Oft REMOVE CONTAIN=R \ ��0�� Yr� jjjl,i„ MIN. t"N /= *Existing Septic System __ 1f (Installed 3/23/83) Q 1 v \ 12-111 / LOOSEN SUBSOIL G" BELOW BOTTOM OF One pit 6' dia. w/1' perimeter stone \ V U\ PLANT PIT 6' deep below inlet invert MAXIMUM LOT COVERAGE AS PERCENTAGE OF LOT AREA I��I��jj�jjljj �ijiljji�lj_ II-111= III III = ja=,;II�II-IIj�ll= Capacity Calculation ,, FOR EXISTING BUILDING Design Perc Rate 1"=2 min. Sidewall: 8' dia. xif x 6' deep x 2 ,50 gpd/s.f. = 337 gpd \ EXIST PROP. Bottom: 4z?r x 1.00 gpd/sf = 50 gpd Building: 3,475 3,475 a I� Total Capacity Provided 427 qpd Pavement: 16,606 15,750 - OTHER IMPERVIOUS: 315 240 BED PLANTING DETAIL Total Expected Daily Flow VA.tZ11�11� G SUMMA�.`'� SHRUBsCale. = 1(] Business Use: 75 x 4805 = 360 gpd Total on site NOT TO SCALE 1000 `� Impervious Area: 20,396 19,456 �I � Cut'j\ �I�15 Q��AL SITEC , toa, 1 date. Z��Z�q� �a205s LEASSLI= A►zEA GI2�vt� utJ�ot�1 ^.owB�rord �.,� 2-4" drawn: e�.-� On site _.F 99k2125 Landscaped Area: 5,900 6,831 22 pp,, 2(Dq-2'f l l)Nlot�7 S� )✓-� ^ I Per Record Information \ VP,I�I�- v� Z�vl S• N>✓\n1 ��%��� MA� C7L�d•O �wiiandEnvironmentalEngineering �,.� ;�e �yo'su � CheCked:SD� lilUN� ( I�(� �.1UT�� ALL LVMI IJATIO�1 SHAt.>`. [� * Total Lot F Land Use Planning approv©d:�pL, Area: 26,296 26,296 DFFIGE 2724 S.FI'J41 �► 2EC(I OKI A�5 Now I o �I Lot Coverage: 78$ 74$ project: OF �S �je`(OND THE PE2.11AETE2 OF THE N��� DU1,L ?IMG � SHC�K 16 A - Addition Green I�QN9 I'��eA, I� t� 4�5 s f �iZ5I U 1 [�C�NS �C�D��.F�l. ��N `Z Space off-site: 1,065 S.F. SITE o�L I tom-( F �>Z� \M ITH -f�-Ar-FIif �R�- �XIS"TIf.1G STQ�GTU2�. PAt��L X � I� Co52 5.�. I �E�\"t )��01� 2y' sTEVEN D. � PA12-IL1NC� PATIO Ael S.F. = 1(D GA25 MO Al.'TEZAT10M5 AuD 102. 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L L-.':.� olx' 4 'L 'Z6.4o 5F 101 f t90 - va t;.-f r-c OLOIWO ' f � 1 _A441 Prr - IUC&6.4 oT A - 15(� SF , � � o i I�CTr oM A:iWA Sf= i i $ Tc7rG l.. 1 '�- ` ? l�cv 19 G i�l� off, { f. 1. n I ' Q t7 Its t5 t4 I3 So n rL-4 St.n Ct- i /Aa�•. 1 vi C7 p LaT' 2 3 i3 K/AY lot.., Iji S Q f ~ fu ° Totem (c2 loco Gec =ti \ \ I ! .em SZ.�'m rtil •tom, �- Perms '� t ►° - , � ,U .�'� T. _. , t✓B `oiiLE1 VIA,( . / /� 4�• to C\ (2 FC FL i RE ,s-Tr L 1_. urztiJE'rc rc �f�� =`t-'.J 4: ?(�`?•}}�i t�s `^'s :i ! ;... `�^�t: ri 11�"�+•�. y q, icw loco Ufa..i , a�i►a 614 -j i` �iTD►.I y.' ` �i. ` 1 4,plg;-Y'1 I v •"'+ t;r BAX tine' 4.0 �'_� pp,�,rlr�c'.•�, tzi,�Nal�r �f'v �� :.t"a,�'�trr��rr �rJ fi�a�;�.;r�F",t J � • 1 i E ---=----------- _=___---=--=-__- =_--_-__-- a-- ------ ------------------- ----------- --- I .I NEW COL \\ AND FTG. I I ANCHOR COLUMN TO EXISTING CONC. WALL WITH 6"X6"X3/8" X 8"LONG ll ANGLE WELDED TO COLUMN AND BOLTED TO WALL WITH (2) 1/2" DIAM I EXP. BOLTS 3" LONG i II x x I I .I I •i I II i � I I NEW 4" CONC. SLAB I I REINFORCED WITH "NYCON" I I NYLON FIBER REINFORCING II I POURED OVER EXISTING CONCRETE SLAB AFTER NEW C.M.U. WALLS ARE I E�STT. C OISTS INSTALLEDT�'11- NEW COL + �—EXISTING 8" j I AND FTG. CONC. FOUND. WALL ' • — TOP OF CMU 6"X8"X3 8 ANCHORED TO I / i ANCHOR COLUMN TO EXISTING ---- -- / " j I I CONC. WALL WITH 6"X6"X3/8" X 8"LONG 8" CMU BOND BEAM ---- - - - - EXISTING FOUNDATION WALL ANGLE WELDED TO COLUMN AND ——— —————— „ WITH �8 BAR IN II i Wllli 1/2" DIAM. EXP. BOLT BOLTED TO WALL WITH (2) 1/2" DIAM GROUT FILLED BOND — —- —————— =y�___= 3 LONG AND BOLTED TO NEW ��XP. BOLTS 3" LONG BEAM ----- --- II CMU WALL WITH (2) 1/2" DIAM I I � EXP. BOLTS. 3" LONG — \ — II #5 DOWELS AT 16" O.C. VERT. — DRILLED k GROUTED I II INTO EXIST. CONC. WALL I -- NEW S" CMU WALLS I II —_-- --- #6 VERTICAL REINF. ROD AT II 48" O.C. DRILLED AND GROUTED INTO EXISTING CONC. SLAB I I 00 I I o M o TYPICAL DETAIL I 3/4" V-0" I IE—NEW 6X6X3/8 i I ANGLE M "� I � I � I � - UP - I I I I L——————— ————————— ———————— -------- — — -- — — - -------j BASEMENT PLAN '"4�! A . -—- - -- ---- ----- W', r b �... J ES 1/411 1-0 ALAN W.JONES&A'SSOCIATES Consulting Engineer East Sandwich Mass) CITIZENS FEDERAL CREDIT UNION �--66 FALMOU_TH_ RD. , HYA_NNIS, MA i SCALE: --- -- D ATE:------------ . 1/4 = V—0 TPROJ # 9359 rLABONTE & HUMPHREY ARCHITECTS �163 FRONT STREET _P.O. BOX 398 MMUON MA 02738 FOUNDATION REPAIRS t rx ' M s . EXISTING ELECTRIC -- ----- -------- - - - - --------- -- --- ---�- - - -- -- - - — -- - --- ------- / PANEL I - I---------- REF I` I I 4 ' GRAB I N.I.C. RS- L BOX-IN EXISTING I STAINLESS STEEL COLUMN WITH NEW WINDOW IN 4' - -0" EXISTING 2"X10" NEW CONC. WALL NG SINK SHEETROCK BASEMENT WALL MAS. AREAWAY HP TLT BELOW ___ I I NEW WINDOW f`NEW 2"X10" I Ill HIGH IN WALL I KITCHEN CABINETS TO A - --- BE MERILLAT A - - - �--------------' l3EAOFB�ELIIYIL j I j11 I "HOMESTEAD OAK" I I II I I I I 11 t I PROVIDE CABINET LAYOUT ao �n 2 °HP V X I FOR APPROVAL BY OWN ----------- I ------ o I COUNTER TOPS AND 4" �L- --�_- - L_______ �., I BACKSPLASH TO BE M -------- FORMICA LAMINATE IN i I - _____ - l-J COLOR TO BE SELECTED BY OWNER. NEW CONCRETE MASONRY AREAWAY lI F; I I > I I I I I I I I I I III O I MECHANICAL I I ROOM \. I I \ i I 3/0 X 6/8 )/ i x DOOR OR 5/8" FIRECODE SHEETROCK � LAB \ o LABEL AND FRAME BOTH SIDES i CL4�ET I i 3/4 HR. "C" LABEL DOOR AND FRAME I U P REMOVE EXISTING DOSN(( j -- `-- NOTE: MECHANICAL ROOM & CLOSET INSTALL NEW 3/OXB�Q DQQRI I EX T1 G TA DAWN - - - CLOSET SHALL BE PROVIDED WITH _ - AND BLOCK REMAiNDbi j ONE HOUR FIRE RATED CONSTRUCTION. oasTING EXtSTiNG STUD OF OPENING 7 -- PROVIDE METAL STUD WALLS WITH 5/8" BRICK VENEER— WALL i L L-__-__ - -_ - - - _- _ - _ - -- FIRECODE SHEETROCK BOTH SIDES TO NEW rxs" PLANK SUPPORTED - - --- — — ---- -----_ ,-- ----- NEW 3X3X1/4 STEEL (� �— - -_ - ----- -- �_-fi T72--DTiiiaE117�RM bAK-AAN6}IATL� I ON 1 X3 LEDGER NAILED TO — -- --- - - - - UNDERSIDE OF 5/8 FIRECODE CEILING. ANGLE LINTEL FASTING FLOOR ,JOISTS BOTH FIDES OF STAIR 3 MOUNT WITH PRIVIDE METAL STUDS AND FIRECODE PRESSURE TREATED TOP OF HANDRAIL AT 34" ABOVE -----------_--_-_-_-_-_------_-- ----------------------- BLOCKING - ---- -- --- - --- - ----------------------- --- - INTERSECTION OF TREAD do RISER AND SHEETROCK BOTH SIDES FROM TOP OF -JOIST HANGERs ------ 8" FLASHING -� I I __ --EXISTING BIT CURB IN ACCORDANCE WITH ALL A.D.A. REQUIREMENTS MASONRY WALLS TO UNDERSIDE OF CEILING 3'-4 ______ E-- -- NEW CONCRETE PLATFORM DOOR AND FRAME TO HAVE 3/4 HR. C tII11 AND STEP BASEMENT PLAN LABEL. I - - --- -- - - ---- I ' 1/4" a 1'-0" SEAL AROUND ALL WALL AND CEILING - I 1 I 1 I o .1 NEW 2"X10" PENETRATIONS WITH FIRE RATED SEALANT. 3'-4" WADE X 2'-3 1/8" I II 1 1 a HEADER FIN WALL OPENING FOR L 11 I OR ANDERSEN A31 I RELOCATED BITUMINOUS CURB AWNING WINDOW I I I PRESSURE TREATED BLOCKING ---- 2'-0" b --EXISTING 8"X6" STEEL ANGLE SUSPENDED i CEILING t DAMPROOFING *--METAL STUDS NEW 8" MASONRY Kx AND DRYWALL 30'-0" z BLOCK AREAWAY - ---- --- - ----- ------- --- -_---- -- L— s/r aus� store FIRST FLOOR PLAN m - ---- - - - - - - - - - - - Y s I �— CITIZEN' S FEDERAL I D CREDIT UNION ARCy�T. No.331 66 FALMOUTH RD. , HYANNIS, MA H1„s„ SCALE: 1/4" = 1'-0" DATE 4/4/95 PROJ. 9359 SECTION � �A,F .���� .:�_ ------ LABONTE & HUMPHREY ARCHITECTS 163 FRONT STREET - P.O. BOX 398 MARION MA 02738 BASEMENT EXIT ALTERATIONS 1 OF 1